May 9, 2018, Introduced by Reps. Love and Garrett and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 212 and 303a (MCL 339.212 and 339.303a),
section 303a as amended by 2014 PA 265, and by adding article 14A.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 212. (1) The department shall prepare and publish an
2 annual report describing the activities of the department and each
3 agency created pursuant to under this act. The department shall
4 file the annual report shall
be filed with the governor and the
5 legislature.
6 (2) The report shall include the following information about
7 the department's administration and enforcement of article 14A:
8 (a) The number of entertainers and managers, as those terms
9 are defined in section 1451, who are currently licensed in this
1 state.
2 (b) The amount of fees collected and fines paid under article
3 14A in the previous year.
4 (c) The number of license applications under article 14A
5 denied in the previous year and the reasons for the denials.
6 (d) The number of violations of article 14A investigated in
7 the preceding year and the outcome of each investigation, including
8 any penalties assessed under article 6.
9 Sec. 303a. The term of office of a member of a board appointed
10 under this article shall commence on 1 of the following dates, as
11 applicable:
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12 |
Accountancy |
July 1 |
|
13 |
Architects |
April 1 |
|
14 |
Barbers |
October 1 |
|
15 |
Collection agencies |
July 1 |
|
16 |
Cosmetology |
January 1 |
|
17 |
Adult entertainment business managers and |
|
|
18 |
entertainers |
July 1 |
|
19 |
Employment agencies |
October 1 |
|
20 |
Hearing aid dealers |
October 1 |
|
21 |
Land surveyors |
April 1 |
|
22 |
Landscape architects |
July 1 |
|
23 |
Mortuary science |
July 1 |
|
24 |
Professional engineers |
April 1 |
|
25 |
Real estate appraisers |
July 1 |
|
26 |
Real estate brokers and salespersons |
July 1 |
|
27 |
Residential builders |
April 1 |
1 ARTICLE 14A
2 ADULT ENTERTAINMENT BUSINESS MANAGERS AND ENTERTAINERS
3 Sec. 1451. As used in this article:
4 (a) "Adult arcade" means a commercial establishment in which,
5 for any form of consideration, 1 or more still or motion picture
6 projectors, slide projectors, computer-generated or enhanced
7 pornography, panorama or peep show, or similar machines, or other
8 image-producing machines, for personal viewing, are used to show
9 films, motion pictures, video cassettes, slides, or other
10 photographic reproductions that provide material for individual
11 viewing by patrons on the premises of the establishment that are
12 characterized by an emphasis on the depiction, description, or
13 simulation of specified anatomical areas or specified sexual
14 activities.
15 (b) "Adult entertainment" means any dance, amusement, show,
16 display, merchandise, material, exhibition, pantomime, modeling, or
17 other similar performance of any type for the use or benefit of a
18 member of the public or advertised for the use or benefit of a
19 member of the public that is characterized by an emphasis on the
20 depiction, description, or simulation of specified anatomical areas
21 or the exhibition of specified sexual activities, or in the case of
22 live adult entertainment performances, that emphasizes and seeks to
23 arouse or excite a patron's sexual desires.
24 (c) "Adult entertainment business" means any establishment
25 that provides adult entertainment, including, but not limited to,
26 an adult arcade, adult motion picture theater, adult retail
27 establishment, or exotic dance studio.
1 (d) "Adult entertainment material" means any books, magazines,
2 cards, pictures, periodicals, or other printed matter, or
3 photographs, films, motion pictures, video tapes, slides, or other
4 photographic reproductions or visual representations, or CDs, DVDs,
5 disks, electronic media, or other similar media, or instruments,
6 devices, equipment, paraphernalia, toys, novelties, games,
7 clothing, or other merchandise or material, that are characterized
8 by an emphasis on the depiction, description, or simulation of
9 specified anatomical areas or specified sexual activities.
10 (e) "Adult motion picture theater" means a commercial
11 establishment in which films, motion pictures, video cassettes,
12 slides, or similar photographic reproductions characterized by an
13 emphasis on the depiction, description, or simulation of specified
14 anatomical areas or specified sexual activities are regularly shown
15 for any form of consideration.
16 (f) "Adult retail establishment" means any bookstore, adult
17 novelty store, adult video store, or other similar commercial
18 establishment, business, service, or portion of an establishment,
19 business, or service, that for money or any other form of
20 consideration provides as a significant or substantial portion of
21 its stock-in-trade the sale, exchange, rental, loan, trade, or
22 transfer of adult entertainment material, or providing adult
23 entertainment material for viewing or use off the premises of the
24 establishment. All of the following apply for purposes of
25 determining whether a business is an adult retail establishment:
26 (i) There is a rebuttable presumption that 30% or more of a
27 business' stock-in-trade in adult retail material, based on either
1 the wholesale or retail dollar value or the number of titles of
2 that material, is significant or substantial.
3 (ii) In determining whether or not the presumption described
4 in subparagraph (i) is rebutted, the department may consider 1 or
5 more of the following factors, which are not conclusive:
6 (A) Whether minors are prohibited from access to the premises
7 of the establishment due to the adult entertainment nature of the
8 inventory.
9 (B) Whether the establishment is advertised, marketed, or held
10 out to be an adult merchandising facility.
11 (C) Whether adult entertainment material is an establishment's
12 primary or 1 of its principal business purposes.
13 (D) Whether 30% or more of an establishment's revenue is
14 derived from adult entertainment material.
15 (iii) An establishment may have other principal business
16 purposes that do not involve the offering for sale or rental of
17 adult entertainment materials and still be categorized as an adult
18 retail establishment. An establishment that has other principal
19 business purposes described in this subparagraph does not exempt
20 the establishment from being categorized as an adult retail
21 establishment if at least 1 of its principal business purposes is
22 offering for sale or rental, for some form of consideration, adult
23 entertainment materials.
24 (iv) The department has full discretion to give appropriate
25 weight to the factors described in subparagraphs (i) to (iii) in
26 determining whether a business is an adult retail establishment,
27 and any other factors the department considers appropriate
1 depending on the particular facts and circumstances of an
2 application for a license.
3 (g) "Employee" means an individual, including, but not limited
4 to, a manager, entertainer, or independent contractor, who works in
5 or at or renders any services directly related to the operation of
6 any adult entertainment business, whether or not he or she is paid
7 compensation by the operator of the adult entertainment business.
8 (h) "Entertainer" means an individual who provides live adult
9 entertainment in an adult entertainment business, whether or not he
10 or she is an employee of the operator and whether or not a fee is
11 charged or accepted for that entertainment.
12 (i) "Exotic dance studio" means a nightclub, bar, restaurant,
13 or similar commercial establishment, or any premises or facility to
14 which any member of the public is invited or admitted and in which
15 an entertainer provides to any member of the public a live
16 performance that is characterized by an emphasis on the depiction,
17 description, or simulation of specified anatomical areas or
18 specified sexual activities, or that emphasizes and seeks to arouse
19 or excite a patron's sexual desires. The term includes an
20 establishment that is commonly known as a "topless bar", "strip
21 club", or "adult cabaret".
22 (j) "Licensee" means an individual who is licensed as an
23 entertainer or manager under this article, as applicable.
24 (k) "Manager" means an individual who is appointed by an
25 operator of an adult entertainment business who manages, directs,
26 administers, or is in charge of the affairs or the conduct or
27 operation of an adult entertainment business. The term includes an
1 assistant manager.
2 (l) "Member of the public" includes any patron of an adult
3 entertainment business.
4 (m) "Operator" means a person that operates or is a principal
5 owner of an adult entertainment business.
6 (n) "Panoram or peep show" means a device that exhibits or
7 displays a picture or view by film or video, or by any other means,
8 when a coil is inserted or the device is activated by other means.
9 (o) "Premises" means the real property on which an adult
10 entertainment business is located, and all appurtenances to and
11 buildings on that real property, including, but not limited to,
12 grounds, private walkways, parking lots, and parking garages
13 adjacent to the business, that are under the ownership, control, or
14 supervision of the owner or operator of the adult entertainment
15 business.
16 (p) "Specified anatomical areas" means any of the following:
17 (i) Less than completely and opaquely covered human genitals,
18 pubic region, buttocks, anus, or female breast below a point
19 immediately above the top of areolae.
20 (ii) Human male genitals in a discernibly turgid state, even
21 if completely and opaquely covered.
22 (q) "Specified criminal activity" means any of the following
23 specified crimes for which less than 5 years has elapsed since the
24 date of conviction, the date of a plea of guilty or nolo
25 contendere, or the date of release from confinement for the
26 conviction, whichever is the later date:
27 (i) Criminal sexual conduct under sections 520b to 520e of the
1 Michigan penal code, 1931 PA 328, MCL 750.520b to 750.520e.
2 (ii) Sex offenses concerning a minor under sections 142 to
3 145c of the Michigan penal code, 1931 PA 328, MCL 750.142 to
4 750.145c.
5 (iii) Indecent exposure under section 335a of the Michigan
6 penal code, 1931 PA 328, MCL 750.335a.
7 (iv) Gross indecency under sections 338 to 338b of the
8 Michigan penal code, 1931 PA 328, MCL 750.338 to 750.338b.
9 (v) Soliciting and accosting, pandering, prostitution, and
10 related offenses under sections 448 to 462 of the Michigan penal
11 code, 1931 PA 328, MCL 750.448 to 750.462.
12 (vi) Obscenity under section 5 of 1984 PA 343, MCL 752.365.
13 (vii) Controlled substance offenses under sections 7401 to
14 7455 of the public health code, 1978 PA 368, MCL 333.7401 to
15 333.7455.
16 (viii) Assault and related offenses under sections 81 to 90c
17 of the Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90c.
18 (ix) Stalking and related offenses under sections 411h and
19 411i of the Michigan penal code, 1931 PA 328, MCL 750.411h to
20 750.411i.
21 (x) An attempt, solicitation, or conspiracy to commit an
22 offense described in subparagraphs (i) to (ix).
23 (xi) An offense in another jurisdiction that, had the
24 predicate acts been committed in this state, would have constituted
25 an offense described in subparagraphs (i) to (x).
26 (r) "Specified sexual activities" means any of the following:
27 (i) The caressing, touching, fondling, or other intentional or
1 erotic touching of male genitals, female genitals, pubic region,
2 buttocks, anus, or female breasts of oneself or of 1 individual by
3 another.
4 (ii) Sex acts, normal or perverted, actual or simulated,
5 including masturbation, intercourse, oral copulation, flagellation,
6 sodomy, bestiality, or any sexual acts that are prohibited by law.
7 (iii) Human genitals in a state of sexual stimulation,
8 arousal, or tumescence, or a visual state of sexual stimulation,
9 arousal, or tumescence, even if completely and opaquely covered.
10 (iv) Excretory functions as part of or in connection with any
11 of the activities set forth in subparagraph (i) to (iii).
12 Sec. 1453. The adult entertainment business entertainer and
13 manager board is created. The board shall consist of 9 individuals,
14 as follows:
15 (a) Two individuals who are licensed entertainers.
16 (b) Four individuals who are licensed managers.
17 (c) Three individuals representing the general public.
18 Sec. 1455. An individual shall not perform as an entertainer
19 or manager of an adult entertainment business in this state without
20 a license under this article.
21 Sec. 1457. (1) Except as provided in subsection (2), the
22 department shall issue a license as an entertainer or manager to an
23 individual who files a completed application to the department, on
24 a form provided by the department, that contains all of the
25 following, accompanied by the appropriate license fee described in
26 section 34 of the state license fee act, 1979 PA 152, MCL 338.2234:
27 (a) The applicant's full legal name and any other names used
1 by the applicant in the preceding 5 years.
2 (b) The current mailing address for the applicant.
3 (c) Written proof of age, in the form of an operator's license
4 or chauffeur's license issued under the Michigan vehicle code, 1949
5 PA 300, MCL 257.1 to 257.923, an official state personal
6 identification card issued under 1972 PA 222, MCL 28.291 to 28.300,
7 or other government-issued photo identification.
8 (d) Proof satisfactory to the department that the applicant
9 has been vaccinated for tuberculosis and hepatitis B.
10 (2) The department shall not issue a license under this
11 article unless all of the following are met:
12 (a) The applicant is at least 18 years old.
13 (b) The applicant has provided all of the information required
14 under this article for issuance of a license and has not falsely
15 answered a question or request for information on the application
16 form.
17 (c) The applicant has paid the license application fee.
18 (d) The applicant has not been convicted of or pled guilty or
19 nolo contendere to a specified criminal activity.
20 (e) The applicant has completed training, approved by the
21 department, related to human trafficking awareness and how to
22 report human trafficking, and submits proof satisfactory to the
23 department of completion of that training.
24 (3) If the department does not issue a license for 1 or more
25 of the reasons described in subsection (2), the department shall
26 provide a written notice of intent to deny the issuance of the
27 license to the applicant.
1 (4) The department shall keep information provided by an
2 applicant in connection with an application for a license under
3 this article confidential and shall only disclose that information
4 as required, and only to the extent required, under state or
5 federal law or a court order. Any information protected by the
6 right to privacy as recognized by state or federal law shall
7 be redacted before information is disclosed under this subsection.
8 Sec. 1459. The term of a license issued under this section is
9 1 year.
10 Sec. 1461. (1) While performing at an adult entertainment
11 business, an entertainer shall keep his or her entertainer license
12 on the premises.
13 (2) An entertainer or manager shall not transfer his or her
14 license to another individual.
15 Enacting section 1. This amendatory act takes effect 90 days
16 after the date it is enacted into law.