Part 15

15.000 ADULT ENTERTAINMENT FACILITIES OR BUSINESS

Ord. of Dec. 14, 1993

Adopted: December 14, 1993

An ordinance to regulate the establishment, maintenance and conduct of entertainment facilities and businesses within the city of Reading; to provide for the licenses of such places, and to prescribe the penalty for the violations of provisions hereof.

THE CITY OF READING ORDAINS THAT:

15.001 Short title and citation.

Sec. 1. This Ordinance shall be known and may be cited as City of Reading Adult Entertainment Facilities or Business Ordinance.

15.002 Definitions.

Sec. 2. For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

(a) Nudity. This means uncovered, or less than opaquely covered, post pubertal human genitals, pubic areas, the post-pubertal human female breast below a point immediately above the top of the areola, the human male or female buttocks, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, the female breast is considered uncovered if the nipple only or the nipple and the areola only are covered.

(b) Operator. Any person, licensed by the Michigan State Liquor Control Commission, or such person's agent or employee, operating any adult entertainment facility or business.

(c) Persons. Any person, co-partnership, firm, corporation, society, club, association or other organization which engages in, sponsors, conducts or permits the operation of any adult entertainment facility or business.

15.003 Licensing.

Sec. 3.

(a) It shall be unlawful for any person to hereafter operate any adult entertainment facility or business in the City of Reading without having first obtained the proper license therefor from the City Council. No license shall be issued until the applicant shall have complied with the requirements of the Zoning Ordinance, the provisions of this Chapter and other applicable provisions of this Code.

(b) The City Council shall, by resolution, establish the annual fee for a license for the operation of an adult entertainment facility or business.

(c) The City Council may refuse to issue a license for the operation of any facility or business regulated by this Chapter and may revoke any license already issued upon proof submitted to it of the violation by an applicant, or a licensee, his agent or employee within the preceding two (2) years of any criminal statute of the State or of this Chapter or any provisions of this Code regulating, controlling or in any way relating to the construction, use or operation of any of the establishments included in the Chapter.

(d) Upon application and before any license required by this Chapter shall be issued, it shall be the duty of the Building Department or department or individual appointed by council to cause an inspection of the proposed premises of any adult entertainment facility or business. Upon full compliance with all pertinent laws, rules and regulations of the aforesaid department, including the following particular requirements, such department shall certify the application to the City Council.

(i) Plumbing. All plumbing in adult entertainment facility and businesses shall meet the minimum requirements of the Plumbing Code of the County. All rooms housing sanitary facilities shall be equipped with sanitary towels of a type acceptable to the Hillsdale County Department of Health. Sanitary drinking fountains shall not be located in the toilet room.

(ii) Ventilation. Proper ventilation, either natural or mechanical, shall be provided so that each person in the premises will be supplied with one thousand two hundred (1,200) cubic feet of air per hour.

(iii) Fire protection, lighting and building safety. The premises of the licensed establishment shall meet State of Michigan fire protection requirements and shall furnish lighting sufficient to provide one (1) foot candlepower at table top level. Such lighting may be reduced to accommodate acts of entertainment, while such acts are in progress, but must be raised to required level at all other times the establishments [are] in use as heretofore defined.

(iv) Compliance with Building Code. The premises shall comply with the Hillsdale County Building Code.

15.004 Reserved.

15.005 Prohibited entertainment.

Sec. 5.

(a) It shall be unlawful for any owner, or operator to permit any employee or entertainer to leave such adult entertainment facility or business in the company of any patron not related to such employee or entertainer prior to closing hours of such adult entertainment facility or business. Continued employment of an employee or entertainer who leaves such adult entertainment facility or business with non-related patrons shall be deemed to be permitting such occurrences to take place.

(b) It shall be unlawful for any owner, licensee, agent or employee to allow nudity or obscenity as defined in this Chapter, such as, topless or bottomless or totally uncovered waitresses, bartenders or barmaids, entertainers including dancers, impersonators or any other form for the attraction or entertainment of customers.

(c) No dancing or entertainment shall be permitted in any adult entertainment facility or business between the hours of 2:00 a.m. and 7:30 a.m. provided that the exceptions in the Michigan Liquor Control Act governing hours of operation on December 24th and 25th annually and the regulations of the State Liquor Control Commission governing hours of operation on January 1st shall prevail on the aforementioned dates.

(d) The operator or person in charge shall at all times open every portion of any adult entertainment facility or business for inspection by the Police Department or other City departments for the purposes of enforcing any of the provisions of this Chapter.

15.006 Penalties.

Sec. 6.

(a) Violation of any of the provisions of this Chapter shall be punishable by a fine of not more than Five Hundred ($500.00) Dollars and costs of prosecution or by imprisonment in the County jail for a period not to exceed ninety (90) days, or by both such fine, costs and imprisonment as may be determined by a court of competent jurisdiction.

(b) Each day that a violation under this Chapter continues to exist shall be considered to be a separate violation subject to the penalties herein set forth.

Effective date. This Ordinance shall take effect on December 17, 1993, after publication pursuant to Charter.

Adoption date. Passed in open Council this 14th day of December, 1993.