SB-0879, As Passed House, December 3, 2010
September 29, 2009, Introduced by Senator HUNTER and referred to the Committee on Transportation.
A bill to regulate the use of signs advertising sexually
oriented businesses; to provide for the powers and duties of
certain state and local governmental officers and entities; to
provide remedies; and to prescribe civil sanctions.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Seminudity" means a state of dress in which the genitals,
pubic area, buttocks, anus, anal cleft, or nipple and areola of the
female breast are less than completely and opaquely covered.
(b) "Sexually oriented business" includes, but is not limited
to, an adult bookstore, adult video store, adult cabaret, adult
motion picture theater, sexual device shop, or sexual encounter
center or an establishment that regularly features live
performances characterized by the exposure of a specified
anatomical area or by a specified sexual activity or in which
persons appear in a state of nudity or seminudity in the
performance of their duties. However, sexually oriented business
does not include a business solely because it shows, sells, or
rents materials that may depict sex.
(c) "Specified anatomical area" means less than completely and
opaquely covered human genitals, pubic area, buttocks, anus, anal
cleft, or female breasts below a point immediately above the top of
the areola; or human male genitals in a discernibly turgid state,
even if covered.
(d) "Specified sexual activity" means the fondling or other
erotic touching of covered or uncovered human genitals, pubic area,
buttocks, anus, anal cleft, or female breast.
Sec. 3. (1) Beginning January 1, 2011, the owner or operator
of any sexually oriented business shall not erect, construct, or
maintain on the premises of that sexually oriented business a sign
that advertises or identifies the sexually oriented business and is
visible outdoors unless the sign meets the requirements of
subsection (2).
(2) Subject to subsection (3), a sign authorized under
subsection (1) shall display only words or numbers, or both. The
words on the sign shall not describe or relate to a specified
sexual activity or to human genitals, pubic area, buttocks, anus,
anal cleft, or female breasts.
(3) A sign authorized under subsection (1) may display the
sexually oriented business's or a credit card company's trademark
if the trademark has been registered under the Lanham act, 15 USC
1051 to 1141n, or under 1969 PA 242, MCL 429.31 to 429.46.
Sec. 5. If there is a conflict between a provision of this act
and a provision of a local zoning ordinance or the highway
advertising act of 1972, 1972 PA 106, MCL 252.301 to 252.324,
including a rule promulgated under that act, the more restrictive
provision applies.
Sec. 7. (1) A sign in violation of this act is a nuisance. The
attorney general or the attorney for a local unit of government
where the sign is located may bring an action in the circuit court
to abate the nuisance.
(2) A person who violates this act is responsible for a civil
fine of not less than $5,000.00 or more than $10,000.00 for each
day of violation. A civil fine collected under this section shall
be distributed to public libraries as provided under 1964 PA 59,
MCL 397.31 to 397.40.