§ 5-7-1. Definitions.

For purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:

Adult cabaret means a nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment, regardless of whether alcoholic beverages are served, which regularly features live conduct by semi-nude persons.

Alcoholic beverage means any beverage which contains alcoholic liquor and, therefore, is under the jurisdiction and control of the Michigan Liquor Control Commission.

Alcoholic liquor means any spirituous, vinous, malt, or fermented liquor, liquids and compounds, whether or not medicated, proprietary, patented, and by whatever name called, which contain one-half (½) of one (1) percent or more of alcohol by volume, are fit for use as a beverage, and are defined and classified by the Michigan Liquor Control Commission according to alcoholic content as being alcohol, beer, brandy, mixed spirit drink, mixed wine drink, sacramental wine, spirits, or wine.

Business license center means the City of Detroit Buildings and Safety Engineering Department Business License Center.

Cabaret means a Group "A" Cabaret, or a Group "B" Cabaret, or a Group "C" Cabaret.

Characterized by means describing the essential character or quality of an item or presentation.

City means the City of Detroit.

Completed application means an application where the business license applicant has provided the City complete and accurate responses to each field on the application form, has signed and dated the application in the presence of a notary public, and has fully paid the requisite application fee.

Controlled substances means any drug, immediate precursor or substance, by whatever official, common, usual, chemical, or trade name known, that is delineated in Schedules I through 5 of Part 72 of the Michigan Public Health Code, being MCL 333.7201 through MCL 333.7231.

Drug paraphernalia means any equipment, product, material, or combination of equipment, products or materials, which are specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, including but not limited to:

(1)

An isomerization device specifically designed for use in increasing the potency of any species of plant which is a controlled substance;

(2)

Testing equipment specifically designed for use in identifying, or in analyzing, the strength, effectiveness or purity of a controlled substance;

(3)

A weight scale or balance specifically designed for use in weighing or measuring a controlled substance;

(4)

A dilutent or adulterant including, but not limited to, quinine hydrochloride, mannitol, mannite, dextrose, and lactose, specifically designed for use with a controlled substance;

(5)

A separation gin or sifter specifically designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

(6)

An object specifically designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

a.

A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, a permanent screen, hashish head, or punctured metal bowl;

b.

A water pipe;

c.

A carburetion tube and device;

d.

A smoking and carburetion mask;

e.

A roach clip: meaning an object used to hold a burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

f.

A miniature cocaine spoon, and a cocaine vial;

g.

A chamber pipe;

h.

A carburetor pipe;

i.

An electric pipe;

j.

An air-driven pipe;

k.

A chillum;

l.

A bong; or

m.

An ice pipe or chiller.

(7)

A kit specifically designed for use in planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance, or from which a controlled substance can be derived;

(8)

A kit specifically designed for use in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance;

(9)

A device, commonly known as a cocaine kit, that is specifically designed for use in ingesting, inhaling, or otherwise introducing a controlled substance into the human body, and which consists of at least a razor blade or other cutting device and a mirror or other type of reflective_surface;

(10)

A device, commonly known as a bullet, that is specifically designed to deliver a measured amount of a controlled substance to the user;

(11)

A device, commonly known as a snorter, that is specifically designed to carry a small amount of a controlled substance to the user's nose;

(12)

A device, commonly known as an automotive safe, that is specifically designed to carry and conceal a controlled substance in a motor vehicle, including, but not limited to, a can used for brake fluid, oil, or carburetor cleaner which contains a compartment for carrying and concealing a controlled substance; and

(13)

A spoon, with or without a chain attached, that has a small diameter bowl and that is specifically designed for use in ingesting, inhaling, or otherwise introducing a controlled substance into the human body.

Entertainer means an individual who provides entertainment at a Group "A" Cabaret, Group "B" Cabaret, or Group "C" Cabaret. Food means natural or synthetic articles used for food or drink for consumption by humans, including, but not limited to, chewing gum, and articles or ingredient used for components of any such article.

Genitals mean the external male or female sex organ.

Group "A" Cabaret means an establishment open to the public which sells or serves alcoholic beverages with or without food, and either allows dancing with or without live entertainment, or provides three (3) or more live entertainers at one (1) time with or without dancing.

Group "B" Cabaret means an establishment which sells or serves alcoholic beverages with or without food, and is a club, as defined within Section 107(5) of the Michigan Liquor Control Code of 1998, being MCL 436.1107(5), which is licensed by the Michigan Liquor Control Commission.

Group "C" Cabaret means an establishment open to the public which sells or serves alcoholic beverages with or without food, provides only one (1) or two (2) entertainers at one (1) time, and does not allow dancing.

Immediate precursor means a substance which the Michigan Board of Pharmacy, or its designated or established authority, has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture.

Licensed premises means the establishment that is licensed by the City to operate as a business including any adjoining structure or property used in conjunction with the business. Licensee means any person licensed under this article by the Business License Center.

MLCC means the Michigan Liquor Control Commission.

Nudity means the showing of the human male or female genitals, pubic area, vulva, anus, or anal area with less than a fully opaque covering.

Operator means any person who or which is authorized by the licensee to manage or exercise overall operational control of a Group "A," "B," or "C" Cabaret licensed by the Michigan Liquor Control Commission, regardless of whether the person is an owner or part owner of the business or a licensee.

Permit or allow means that a person has approved or consented to an act, or has knowledge, or reasonably should have had knowledge that an act was occurring on the licensed premises, and failed to take reasonable action under the circumstances to stop the act or prevent the act from occurring or continuing, provided, that a person shall not be deemed to have permitted or allowed an act prohibited under this article where the person was not in charge to manage or operate, or to assist in the management or operation of the cabaret or due to the circumstances was unable to prevent the act from starting or continuing.

Person means:

(1)

An individual owner, operator, partnership, fiduciary, firm, association, company,corporation, joint venture, or other legal entity; or

(2)

When used in a provision imposing a criminal penalty and applied to an association, the parties or members thereof; or

(3)

When used in a provision imposing a criminal penalty and applied to a corporation, the officers thereof.

Premises means the real property upon which the business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, grounds, private walkways, parking lots and parking garages adjacent to the business, which are under the ownership, control, or supervision of the licensee.

Regularly means the consistent and repeated doing of an act on an ongoing basis.

Semi-nude means the showing of the male or female buttocks, or the showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, but does not mean the showing of any portion of the cleavage of female breasts exhibited by a bikini, dress blouse, shirt, leotard, or similar wearing apparel.

Specified anatomical areas means and includes less than completely and opaquely covered:

(1)

Female breast below a point immediately above the top of the areola;

(2)

Male or female buttocks;

(3)

Male or female genitals and pubic area; and

(4)

Penis in a discernibly erect state.

Specified criminal activity means any of the following specified crimes for which less than five (5) years has elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date:

(1)

Criminal sexual conduct under MCL 750.520b—750.520e;

(2)

Sex offenses concerning a minor under MCL 750.142—750.145c;

(3)

Indecent exposure under MCL 750.335a; or

(4)

Gross indecency under MCL 750.338—750.338b; or

(5)

Soliciting and accosting, pandering, prostitution, and related offenses under MCL 750.448—750.462;

(6)

Obscenity under MCL 752.365; or

(7)

Controlled substance offenses under MCL 333.7401—337.455; or

(8)

Assault and related offenses under MCL 750.81—750.90c; or

(9)

Stalking and related offenses under MCL 750.411h—750.411i; or

(10)

Any attempt, solicitation, or conspiracy to commit one of the foregoing offenses; or

(11)

Any offense in another jurisdiction that, had the predicate acts been committed in the State of Michigan, would have constituted any of the offenses that are delineated in subsections (1) through (10) of this definition.

Specified sexual activity means:

(1)

Intercourse, oral copulation, masturbation, or sodomy; or

(2)

Excretory functions as a part of, or in connection with, intercourse, oral copulation, masturbation, or sodomy.

(Ord. No. 11-04, § 1, 3-24-04; Ord. No. 02-10, § 1, 2-23-10)