October 4, 2017, Introduced by Senator JONES and referred to the Committee on Regulatory
Reform.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
(MCL 436.1101 to 436.2303) by adding section 916a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 916a. (1) The purpose of this section is to regulate
alcoholic beverage traffic within adult-oriented businesses that
are licensed to sell alcoholic liquor for consumption on the
premises to promote the health, safety, and general welfare of the
citizens of this state and to establish reasonable and uniform
regulations to prevent the deleterious secondary effects of adult-
oriented businesses within this state. This section is not intended
to, nor shall it be interpreted to, impose a limitation or
restriction on the content of, or reasonable access to, any
communicative materials including adult-oriented materials, to
restrict or deny access by adults to adult-oriented materials
protected by the First Amendment to the Constitution of the United
States, to deny access by the distributors and exhibitors of adult-
oriented entertainment to their intended market, or to condone or
legitimize the distribution of obscene material.
(2) The legislature finds all of the following:
(a) Adult-oriented businesses, as a category of commercial
enterprises, are associated with a wide variety of adverse
secondary effects, including, but not limited to, personal and
property crimes, prostitution, potential spread of disease,
lewdness, public indecency, obscenity, illicit drug use and drug
trafficking, negative impacts on surrounding properties, urban
blight, litter, and sexual assault and exploitation.
(b) Each of the negative secondary effects described in
subdivision (a) constitutes a harm that this state has a
substantial interest in preventing, abating, or both. The
substantial government interest in preventing adverse secondary
effects, which is this state's rationale for this section, exists
independently of any comparative analysis between adult-oriented
and non-adult-oriented businesses. Additionally, this state's
interest in regulating adult-oriented businesses extends to
preventing future secondary effects of current or future adult-
oriented businesses that may locate in this state. The United
States Supreme Court has recognized that precluding nudity in
certain establishments that serve alcoholic beverages can reduce
adverse secondary effects, see New York State Liquor Authority v
Bellanca, 452 US 714 (1981), California v LaRue, 409 US 109 (1972),
and 44 Liquormart v Rhode Island, 517 US 484 (1996), and the
legislature adopts such findings.
(3) An on-premises licensee shall not allow in or on the
licensed premises an individual who exposes to public view the
pubic region, anus, or genitals or who displays other types of
nudity prohibited by law or local ordinance. An on-premises
licensee shall not allow in or on the licensed premises the showing
of films, television, slides, or other electronic reproductions
that depict scenes wherein any individual exposes to public view
the pubic region, anus, or genitals or displays other types of
nudity prohibited by law or local ordinance. This prohibition does
not apply to a publicly broadcast television transmission from a
federally licensed station.
(4) This section does not apply to an exhibition or
performance in a theater, concert hall, art center, museum, or
similar establishment that is primarily devoted to the arts or
theatrical performances.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.