Adult Entertainment Ordinance
Detroit

CABARETS
SEC. 5-4-1. DEFINITIONS.
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Cabaret shall mean any place open to the public wherein food and any type of alcoholic beverage is sold or given away on the premises and the operator thereof holds a yearly license from the state liquor control commission to sell such beverages by the glass and where the patrons are provided with entertainment or space for dancing. Cabarets Licensed under this article are classified as follows:

Group A cabaret is a cabaret where dancing is allowed whether or not live entertainment is provided. A cabaret is also classified as a group A cabaret if more than two (2) live entertainers are provided, whether or not dancing is allowed. Group B club cabaret is a private club licensed by the state liquor control commission, pursuant to Public Act No. 8 of 1933, as amended. (MCL 426.2e)

Group C cabaret is a cabaret limited to two (2) or less entertainers where no dancing is allowed.

Group D cabaret is a cabaret which provides entertainment as specified in Section 32.0023 of the Official Zoning Ordinance, 390-G, being chapter 61 of the City Code. A group D cabaret shall not be licensed by the consumer affairs department until it has complied with all zoning requirements.

Licensee shall mean any person licensed under this article.

Operator shall mean any person, licensed by the state liquor control commission, or such person’s agent or employee, operating any cabaret. (Code 1964, Sec. 5-4-1; Ord. 519-H)

SEC. 5-4-2. RULES AND REGULATIONS GENERALLY.

The following rules and regulations shall, where applicable, govern all types of establishments licensed under this article:

(1)It shall be unlawful for any operator, his agent or employee, entertainer, or any person on the premises, to:

1. Engage in or permit any disorderly conduct in or on the premises,
2. Engage in or permit, in or upon the licensed premises, the inviting, annoying, molesting or accosting and soliciting for sexual intercourse, fellatio, cunnilingus, masturbation, sodomy, bestiality, flagellation, or for any other act by a person involving the touching or contacting of the genitals of another, whether the act is to be performed on or off the licensed premises;
3. Engage in or permit on the licensed premises any of the following conduct:
   1. The performance of acts, or simulated acts, of sexual intercourse, fellatio, cunnilingus, masturbation, sodomy, bestiality, flagellation or any other act by a person involving the touching or contacting of the genitals of another;
   2. The erotic caressing or fondling of the breast, buttocks, public region or genitals;
   3. The actual or simulated displaying of the pubic hair, pubic region, anus, vulva or genitals;
   4. The exposure of the postpubertal female breast by any person other than an entertainer while appearing on stage. For the purpose of this subsection, a female breast is considered exposed if any portion of the breast, below a line immediately above the top of the areola, is exposed.
4. Permit any person to smoke or hold a lighted cigar, cigarette or pipe on the dance floor while dancing is permitted or to engage in such activity himself.

(2)It shall be unlawful for any operator, or his agent or employee to:

1. Employ any entertainers except under written contract, and secured from booking agencies licensed by the state. A copy of the contract signed by the booking agent and the operator, or his authorized agent, specifying the names of the entertainers to be provided, shall be kept on the premises where the entertainment is provided and shall be made available for inspection at the request of any officer of the city police department by the operator or by the person designated by the operator to be in charge of the licensed premises. Such entertainers shall comply with the labor laws of the state. Booking agents and booking agencies shall be responsible for and shall, upon demand of any officer of the city police department, furnish a validated certificate of birth as proof of the age of any entertainer thus employed. It shall be unlawful for any booking agent to arrange a contract for any entertainer to engage in any activity prohibited by this article, or to arrange a contract with any operator or agent of a cabaret for the services of an entertainer knowing that it is the practice of such cabaret to permit or allow such prohibited activities;
2. Fail to provide separate and adequate dressing rooms for male and female entertainers, if entertainment is provided;
3. Permit or allow any patron to take any active part in any entertainment; except, that patrons may engage or participate in group or community singing:
4. Permit overcrowding of the dance floor, or provided less than two hundred (200) square feet of dance space in establishments which have a seating capacity of less than one hundred (100) persons, or less than four hundred (400) square feet in establishments which have a seating capacity of one hundred (100) or more persons; such dance space shall be plainly indicated by floor markings and shall be kept free of tables, chairs or any other obstacles during the time that dancing is permitted;
5. Permit any intoxicated person to be sold or served any alcoholic beverages, or permit such person to dance, loiter or be employed on the licensed premises;
6. Permit employees, including entertainers, to eat, drink, solicit drinks or otherwise mingle with the patrons; entertainers under eighteen (18) years of age shall not be permitted to remain in that portion of the licensed premises that is open to the public excepting during periods of actual performance or when accompanied by a parent, legal guardian or spouse over eighteen (18) years of age;
7. Engage in or permit any illegal act or occupation on or adjacent to the premises;
8. Engage in, permit or allow gambling or the use, possession or presence of gambling apparatus or paraphernalia; only those mechanical amusement devices which have been approved in accordance with article XI of this chapter shall be permitted;
9. Employ any person except in accordance with the provisions of section 21-3-38;
10. Permit any person to remain in or on the licensed premises who engages in conduct prohibited in subsections (1)c.1. and 2. of this section or who exposes to public view any portion of his or her private parts as described in subsections (1)c.3. and 4. of this section;
11. Permit the exhibition of pictures or films depicting any of the conduct prohibited in subsection (1)c. of this section. (Code 1964, Sec. 5-4-7; Ord. 519-H)

SEC. 5-4-3. GROUP D CABARETS—RULES AND REGULATIONS AS TO OWNERS, MANAGERS, ETC., GENERALLY.

It shall be unlawful for any person to own, operate or manage a group D cabaret unless:

1. He shall be registered with the city police department license unit of vice and license section;
2. He, or an employee designated by him to be temporarily in charge of operations, is on the premises whenever patrons are present on the premises; and
3. His name, and the name of the employee designated by him to be temporarily in charge of operations, together with photographs of such persons clearly identifying their facial features, shall be prominently displayed in full view of the licensed premises together with the license issued by the state liquor control commission; and
4. He has complied with the provisions of Section 66.0000 et seq. of the official zoning ordinance of the city, “regulated uses” (Code 1964, Sec. 5-4-7.1; Ord. 519-H)

SEC. 5-4-4. SAME- RECEIPT OF MONEY, ETC., FROM PATRONS FOR PRIVILEGE OF LEAVING WITH DANCER, ETC., PROHIBITED.

It shall be unlawful for any licensee, his agent or employee to require or accept any consideration, be it money, ticket, token or other thing of value, in return for which any patron at a group D cabaret shall be privileged to leave such cabaret in company with any dancer or entertainer prior to the closing hour of such cabaret. (Code 1964, Sec. 5-4-7.2)

SEC. 5-4-5. SAME- EMPLOYMENT OF DANCERS AND ENTERTAINERS TO PERFORM SECONDARY SERVICES.

It shall be unlawful for any licensee, his agent or employee to permit any person employed as a dancer or entertainer in a group D cabaret to perform a secondary service such as selling cigarettes, photographing patrons, waiting tables, bartending or hat checking. (Code 1964, Sec. 5-4-7.3; Ord. 519-H)

SEC. 5-4-6. SAME- ENTERTAINER’S IDENTIFICATION CARDS GENERALLY.

1. It shall be unlawful for any licensee of any group D cabaret, his agent or employee to employ any person as a dancer or entertainer unless such person possesses a valid group D entertainer’s identification card from the city police department.
2. It shall be unlawful for any person to provide his or her services as a dancer or entertainer in a group D cabaret unless such person possesses at the place of employment a valid group D entertainer’s identification card issued by the city police department.
3. The city police department shall issue or renew a group D cabaret entertainer’s identification card to an applicant after having completed a criminal record check of the city police department’s record bureau upon receipt of a fee, as determined by the chief of the police department and director of consumer affairs department provided, that the chief of police may issue a temporary or probationary card pending the determination of the applicant’s eligibility for a permanent identification card. A record of conviction for an offense involving gambling, narcotics, prostitution, pandering or pornography, or a violation of any provision of this article, within the preceding two (2) years, shall constitute grounds for refusal to issue or renew an entertainer’s identification card. The entertainer’s identification card shall be renewed annually. Such identification card shall remain the property of the city police department and shall be surrendered on demand upon proof being submitted to thecity police department of any violation of any of the conditions of issuance. (Code 1964, Sec. 5-4-7.4; Ord. 320-H)

SEC. 5-4-7. SAME- CERTAIN TYPES OF ENTERTAINMENT PROHIBITED.

1. A group D cabaret is a cabaret providing adult entertainment, characterized by an emphasis on sexual activities, as defined in the zoning ordinance, cited herein. However, a group D licensee shall not allow in or upon the licensed premises entertainment which exposes to public view the pubic region, anus, or genitals or which displays other types of nudity prohibited by law.
2. A group D licensee shall not allow in or upon the licensed premises the showing of films, television, slides, or other electronic reproduction which depict scenes wherein any person exposes to public view the pubic region, anus, or genitals or displays other types of nudity prohibited by law. This prohibition does not apply to any publicly broadcast television transmission from a federally licensed station. (Ord. 519-H)

SEC. 5-4-8. MINORS—CABARETS.

The minimum age for patrons of cabarets, unless accompanied by a parent or guardian, shall be eighteen (18) years. (Code 1964, Sec. 5-4-9; Ord. 519-H)

SEC. 5-4-9. SAME—GROUP B CABARETS.

1. Minors under the age of eighteen (18) years, unless accompanied by a parent or guardian, shall not be allowed in or about rooms set aside for dancing or rooms adjacent thereto in group B cabarets, except as otherwise provided in this section.
2. The holders of a group B cabaret license shall be permitted to admit minors seventeen (17) years of age to any dance entertainment conducted in the premises of such group B cabaret; provided:
   1. No liquor or other alcoholic beverage is sold, consumed or exhibited or otherwise carried into the premises where such dance or entertainment is permitted;
   2. That the room where liquor or other alcoholic beverage is kept on the premises is completely separated from the portion of the premises where such minors are permitted dancing or entertainment and entrance thereto is barred by locked or sealed doors; entrance to such area shall be separate from other portions of the premise;
   3. That such area shall have separate toilet facilities for both sexes, accessible from the dance or entertainment area, as herein described;
   4. That minors under seventeen (17) years of age may be admitted if accompanied by a parent or guardian; provided, further, that such parent or guardian shall remain on the premises with such minor;
   5. That a permit is secured for each dance or entertainment from the chief of police of the city, who shall not issue such permit unless the premises is a suitable and proper place in which minors may congregate and that the dance or entertainment is suitably and properly supervised, in accordance with article V of this chapter;
   6. That operators shall comply with the provisions of chapter 46, regulating rental halls. (Code 1964, Sec. 5-4-10; Ord. 519-H)

SEC. 5-4-10. DANCING AND ENTERTAINMENT PROHIBITED DURING CERTAIN HOURS.

No dancing or entertainment shall be permitted in any cabaret between the hours of 2:00 a.m. and 7:30 a.m.; provided, that the exceptions in the state liquor control act governing hours of operation on December twenty-fourth and twenty-fifth annually and regulations of the state liquor control commission governing hours of operation on January first shall prevail on the aforementioned dates. (Code 1964, Sec. 5-4-11; Ord. 519-H) SEC. 5-4-11.

OPERATION OF CABARETS IN HOTELS.

Hotels licensed by the state liquor control commission may operate cabarets in approved locations within the premises of such licensed hotel in accordance with the definition of a “cabaret” contained in section 5-4-1; provided, that no public dance permitting minors under eighteen (18) years of age shall be held or situated in a manner which would permit or allow any minor to have access to any location in which liquor or other alcoholic beverage is being served, and that the location being operated as a cabaret is clearly defined and separated. (Code 1964, Sec. 5-4-13)

SEC. 5-4-12. RESERVED.

SEC. 5-4-13. INSPECTION OF PREMISES BY POLICE AND OTHER CITY DEPARTMENTS.

The operator or person in charge shall at all times open every portion of any cabaret for inspection by the police department or other city departments for the purpose of enforcing any of the provisions of this article. (Code 1964, Sec. 5-4-12; Ord. 519-H)

SEC. 5-4-14. OPERATORS RESPONSIBLE FOR VIOLATIONS OF AGENTS AND SERVANTS.

Any operator is hereby made responsible and accountable for a violation of this article by any of his agents or servants, whether or not such violation is committed with his knowledge. The operator and his agents or servants shall not allow patrons to do or commit any of the acts prohibited by this article. (Code 1964, Sec. 5-4-15)

SEC. 5-4-15. VIOLATIONS.

It shall be unlawful for any person to violate any provision of this article or to aid and abet another to violate such provisions. (Code 1964, Sec. 5-4-16; Ord. 519-H)

SECS. 5-4-16 to 5-4-30. RESERVED.

SEC. 5-4-31. LICENSE REQUIRED.

It shall be unlawful for any person to hereafter operate any cabaret in the city without having first obtained proper license therefor from the consumer affairs department. No license shall be issued until the applicant shall have complied with the requirements of the official zoning ordinance, the provisions of this article and other applicable ordinances of the city. (Code 1964, Sec. 5-4-2; Ord. 519-H)

SEC. 5-4-31.5. APPLICATION FEES.

1. Every person desiring to obtain a cabaret license, as required by this article, shall file a written application with the consumer affairs department. An application fee shall be charged for the processing and issuance of a license under this article. A fee schedule shall be established by the director of consumer affairs department based on the cost of issuance and administration of the licensing regulations. This fee schedule shall be posted at the licensing bureau.
2. Cabaret licenses issued pursuant to this division shall expire on the first day of May of each year.
3. An application fee shall be charged each new applicant and any existing licensee seeking to move his business to a new location or to open up any new additional cabaret or expand any existing cabaret where a city building permit is required.
4. Each licensee shall pay an annual application fee for a license renewal, upon the expiration of the current license.
5. Upon payment of the application fee and approval of the license application by the department, an annual license shall be issued. (Code 1964, Sec. 5-4-4; Ord. 500-H; 519-H)

SEC. 5-4-32.

INSPECTION AND APPROVAL OF PREMISES; STRUCTURAL AND SANITATION REQUIREMENTS.

1. Upon application and before any license required by this division shall be issued, it shall be the duty of the consumer affairs department to cause an inspection of the proposed premises of any cabaret to be made by the department of buildings and safety engineering, the department of health and the fire department. Upon full compliance with all pertinent laws, rules and regulations of the aforesaid departments, including the following particular requirements, such departments shall certify the application to the consumer affairs department:
   1. Plumbing. All plumbing in cabarets shall meet the minimum requirements of the official plumbing code of the city. All rooms housing sanitary facilities shall be equipped with sanitary towels of a type acceptable to the city department of health. Sanitary drinking fountains shall not be located in the toilet room.
   2. 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.
   3. Fire protection, lighting and building safety. The premises of the licensed establishment shall meet the requirements and limitations of article V of chapter 19, and shall furnish lighting sufficient to provide one 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 establishment is in use as heretofore defined.
   4. compliance with building code. The premises shall comply with the building code of the city.
2. Upon receipt of certification from the departments mentioned in this section, it shall be the duty of the chief of police to issue a certificate of inspection to the consumer affairs department. (Code 1964, Sec. 5-4-6; Ord. 519-H)

SEC. 5-4-33. TEMPORARY PERMIT AFTER TRANSFER OF OWNERSHIP.

If there is a transfer of ownership of an existing licensed cabaret the chief of police may issue a temporary probationary permit pending determination of whether or not a license shall be issued. (Code 1964, Sec. 5-4-2; Ord. 519-H)