Section 22-400 DEFINITIONS

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

Adult Bookstore or Adult Video Store. A commercial establishment which, as one of its principal business purposes, offers for sale or rental or for any consideration any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, film, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities." A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and may still be categorized as ADULT BOOKSTORE or ADULT VIDEO STORE. The sale or rental of those items described above shall be deemed to constitute a principal business purpose of an establishment if it comprises 35% or more of sales volume or occupies 35% or more of the floor area of visible inventory within the establishment.

Adult Entertainment Establishment. A theater, concert hall, auditorium, or similar commercial establishment which features people who appear in a state of nudity or live performances presented for the enjoyment of the audience which has paid or promised to pay an admission fee and which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

Adult Mini-Theater. A commercial establishment where, for any form of consideration, in an enclosed area with a capacity of less than ten (10) persons, films, motion pictures, video cassettes, slides, or similar photographic reproductions or description of "specified sexual activities" or "specified anatomical areas."

Adult Motel. A hotel, motel or similar commercial establishment which offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions or visual media which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas", and has a sign visible from the public right of way which advertises the availability of any of the above; or offers a sleeping room for rent for a period of time that is less than twelve (12) hours or allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than twelve (12) hours.

Adult Motion Picture Theater. A commercial establishment which, for any form of consideration, regularly and primarily shows films, motion pictures, video cassettes, slides, or similar photographic reproductions or visual media that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult Theater. A theater, concert hall, auditorium, or similar commercial establishment that regularly features a person or persons who appear in a state of nudity or live performances that are characterized by exposure of "specified anatomical areas" or by "specified sexual activities."

Escort,. A person who, for consideration, agrees or offers to act as a companion, guide, 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 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. 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 an educational institution funded, chartered, or recognized by the State of Michigan.

Nudity or State of Nudity. The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast without a fully opaque complete covering of the breast below a point immediately _above the top of the areola, or human male genitals in a discernible turgid state even if completely and opaquely covered.

Public nudity does not include any of the following:

1. A woman's breast-feeding of a baby whether or not the nipple or areola is exposed during or incidental to the feeding.

2. Material as defined in Section 2 of Act No. 343 of the Public Acts of 1984, being Section 752.362 of the Michigan Complied Laws.

3. Sexually explicit visual material as defined in Section 3 of Act No. 33 of the Public Acts of 1978, being Section 722.673 of the Michigan Complied Laws.

Sexual Encounter Center. A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex; or activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity.

Sexually Oriented Business. A business or commercial enterprise engaging in any of the following: an adult bookstore or video store, adult entertainment establishment, adult mini-theater, adult motel, adult motion picture theater, escort or escort agency, sexual encounter center, or nude model studio.

Establishment of a Sexually Oriented Business. Includes any of the following: the opening or commencement of any sexually oriented business as a new business; the conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; the addition of any sexually oriented business to any other existing sexually oriented business; or the relocation of any sexually oriented business.

Specified Anatomical Areas. Includes: less than completely and opaquely covered human genitals, pubic regions, buttocks and female breasts below a point immediately above the top of the areola; human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified Sexual Activities. Includes: acts of human masturbation, sexual intercourse, or sodomy; fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts; human genital in a state of sexual stimulation or arousal.