CHAPTER 1295

Adult Businesses
July 9, 2016
1295.01 Purposes.
1295.02 Definitions.
1295.03 Restrictions on location.
1295.04 Miscellaneous requirements.
1295.05 Exceptions.
1295.99 Penalty; equitable remedies.
CROSS REFERENCES
Prostitution - see M.C.L.A. Secs. 750.448 et seq.; GEN. OFF. 618.22, 618.25, 618.26
Indecent exposure; indecent, boisterous or vulgar conduct - see GEN. OFF. 618.05, 618.07,
618.09
Licensing in general; fees, bonds and insurance - see B.R. & T. Ch. 802
Commercial businesses - see B.R. & T. Ch. 822
1295.01 PURPOSES.
In the development and execution of this chapter, it is recognized that there are some uses
which, because of their very nature, have serious operational characteristics, particularly when
concentrated or when one or more of them are located in near proximity to residential zones,
thereby having a deleterious effect upon adjacent areas. Regulation of these uses through
location is necessary to ensure that the adverse effects of such uses will not contribute to the
blighting or downgrading of the surrounding neighborhood. The provisions of this chapter are
intended to prevent a concentration of these uses within any one area and to prevent deterioration
or blighting of nearby residential neighborhoods.
(Ord. 23-87. Passed 11-24-87.)
1295.02 DEFINITIONS.
As used in this chapter:
(a) "Adult business" includes, but is not limited to, adult book stores, adult movie theaters,
adult personal service businesses, adult cabarets, adult novelty businesses, massage parlors, and
nude modeling studios.
(b) "Adult book store" means an establishment which has a substantial portion of its stock-intrade for sale or rent, which stock-in-trade consists of books, magazines, newspapers, videotapes,
video discs and motion pictures which are characterized by an emphasis on specified sexual

activities or specified anatomical areas, or which establishment excludes admission to minors by

virtue of age.
(c) "Adult cabaret" means a cafe, restaurant or bar where patrons are entertained by dancers,
strippers or male or female impersonators, whether accompanied by music or not, whose conduct
is characterized by an emphasis on specified sexual activities or specified anatomical areas.
(d) "Adult movie theater" means an enclosed building or room used for presenting motion
picture films, video cassettes, cable television or other visual media having as a dominant theme
materials distinguished or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activity or specified anatomical areas, for observation by patrons
therein, or which excludes admission to minors by virtue of age.
(e) "Adult novelty business" means a business which has as a principle activity the sale of
devices which stimulate human genitals or devices designed for sexual stimulation.
(f) "Adult personal service business" means a business having as its principle activity a
person, while nude or while displaying specified anatomical areas, providing personal services
for another person. Such businesses include, but are not limited to, modeling studios, body
painting studios, wrestling studios, conversation parlors and theatrical performances or
entertainment.
(g) "Specified sexual activities" means:
(1) Human genitalia in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy; or
(3) Fondling or other erotic touching of human genitalia, pubic region, buttock or female
breast.
(h) "Specified anatomical areas" means:
(1) Less than completely and opaquely covered:
A. Human genitalia and pubic region;
B. Buttock; or
C. Female breast below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
(i) "Sexual intercourse" includes fellatio, cunnilingus, anal intercourse or any other intrusion,
however slight, of any part of a person's body, or of any object into the genital or anal openings
of another's body.
(j) "Sodomy" means sexual bestiality.
(k) "Buttock" includes the anus and perineum of any person.
(l) "Massage parlor" means an establishment wherein private massage is practiced, used or
made available as a principle use of the premises.

(m) "Massage" means the manipulation of body muscle or tissue by rubbing, stroking,
kneading, tapping or vibrating, through the use of a physical, mechanical or other device, of the
body of another, for a fee.
(n) "Nude modeling studio" means any building, structure, promises or part thereof used
primarily as a place which offers as its principle activity the providing of models to display
specified anatomical areas for artists and photographers for a fee.
(o) "Protected use" means a church, school or public park,
(p) "School" means a public or private school offering education to students enrolled in
kindergarten or one or more grades of one through twelve.
(q) "Church" means a building used for regular public worship services and exempt from
taxation under the General Property Tax Act of the State.
(r) "Public park" means any park owned and maintained by the City.
(Ord. 23-87. Passed 11-24-87; Ord. 19-01. Passed 12-4-01.)
1295.03 RESTRICTIONS ON LOCATION.
An adult business may be located in the City only in accordance with the following
restrictions:
(a) All such businesses shall be limited to areas zoned C-3, I-1 or I-2, excluding those areas so
zoned within the boundaries of the Battle Creek Tax Increment Financing Authority District
known as Fort Custer Industrial Park, as approved by the City Commission in Resolution 27,
passed April 28, 1986, and amended by Resolution 338, passed September 9, 1986 and excluded
from within the boundaries of the Dickman Road Business Improvement District established by
City Commission Resolution 351 on September 7, 1999..
(b) No adult business shall be located within 1,000 feet of another adult business, within
1,000 feet of a protected use or within 300 feet of a residential or agricultural zoning district.
(Ord. 23-87. Passed 11-24-87.)
1295.04 MISCELLANEOUS REQUIREMENTS.
(a) The height, yard, lot area, lot width, building coverage, sign and parking requirements of
an adult business shall conform to the requirements for the zone in which it is located.
(b) The distance between an adult business and a protected use or a residential or agricultural
zoning district shall be measured in a straight line, without regard to intervening structures or
objects, from the closest exterior wall of the adult business or building containing an adult
business to the nearest property line of the protected use or residential or agricultural district.
(c) No person shall reside in or permit any person to reside in the premises of an adult
business.
(Ord. 23-87. Passed 11-24-87.)
1295.05 EXCEPTIONS.

The provisions of this chapter regarding massage parlors shall not apply to hospitals,
sanitariums, nursing homes or medical clinics, or to the offices of a physician, surgeon,
chiropractor, osteopath or physical therapist, duly licensed by the State, or to barber shops or
beauty salons in which massages are administered only to the scalp, face, neck or shoulders of
patrons.
(Ord. 23-87. Passed 11-24-87.)
1295.99 PENALTY; EQUITABLE REMEDIES.
(a) A person who violates or fails to comply with any of the provisions of this chapter is
responsible for a Class F Municipal civil infraction and shall be subject to the civil fines
provided in Section 202.98.
(b) Notwithstanding subsection (a) hereof, the City may employ any remedy available at law
or in equity to prevent or remedy a violation of any provision of this chapter.
(Ord. 8-95. Passed 4-18-95.)