HOUSE BILL No. 6151


     May 30, 2002, Introduced by Rep. George and referred to the Committee on Transportation.


        A bill to amend 1972 PA 106, entitled

   "Highway advertising act of 1972,"

   (MCL 252.301 to 252.325) by adding section 18b.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             SEC. 18B.  (1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS

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        ACT, BEGINNING JANUARY 1, 2003, A BILLBOARD SHALL NOT ADVERTISE

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        AN ADULT ENTERTAINMENT ESTABLISHMENT.

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             (2) IN ADDITION TO ANY OTHER PENALTIES PROVIDED UNDER THIS

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        ACT, A PERSON WHO VIOLATES THIS SECTION IS RESPONSIBLE FOR A

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        CIVIL FINE OF NOT LESS THAN $5,000.00 OR MORE THAN $10,000.00 FOR

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        EACH DAY OF VIOLATION.  A CIVIL FINE COLLECTED UNDER THIS SECTION

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        SHALL BE DISTRIBUTED TO PUBLIC LIBRARIES AS PROVIDED UNDER 1964

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        PA 59, MCL 397.31 TO 397.40.

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             (3) AS USED IN THIS SECTION:




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             (A) "ADULT" MEANS A PERSON 18 YEARS OF AGE OR OLDER.

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             (B) "ADULT BOOKSTORE" MEANS AN ESTABLISHMENT THAT MEETS BOTH

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        OF THE FOLLOWING:

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             (i) HAS AS A SUBSTANTIAL OR SIGNIFICANT PORTION OF ITS STOCK

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        AND TRADE IN BOOKS, FILMS, VIDEOCASSETTES, OR MAGAZINES AND OTHER

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        PERIODICALS THAT ARE DISTINGUISHED OR CHARACTERIZED BY THEIR

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        EMPHASIS ON MATTER DEPICTING, DESCRIBING, OR RELATING TO SPECIFIC

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        SEXUAL ACTIVITY.

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             (ii) HAS FACILITIES FOR THE PRESENTATION OF ADULT ENTERTAIN-

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        MENT FOR OBSERVATION BY PATRONS IN THE ESTABLISHMENT.

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             (C) "ADULT CABARET" MEANS AN ESTABLISHMENT WHICH FEATURES

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        TOPLESS DANCERS, GO-GO DANCERS, EXOTIC DANCERS, STRIPPERS, MALE

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        OR FEMALE IMPERSONATORS, OR SIMILAR ENTERTAINERS.

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             (D) "ADULT ENTERTAINMENT" MEANS ANY EXHIBITION OF ANY

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        ADULT-ORIENTED MOTION PICTURE, LIVE PERFORMANCE, DISPLAY, OR

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        DANCE OF ANY TYPE THAT HAS AS A SIGNIFICANT OR SUBSTANTIAL POR-

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        TION OF THAT EXHIBITION ANY ACTUAL OR SIMULATED PERFORMANCE OR

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        EXHIBITION OF A SPECIFIC SEXUAL ACTIVITY, REMOVAL OF ARTICLES OF

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        CLOTHING OR APPEARING UNCLOTHED, PANTOMIME, MODELING, OR ANY

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        OTHER PERSONAL SERVICE OFFERED CUSTOMERS.

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             (E) "ADULT ENTERTAINMENT ESTABLISHMENT" INCLUDES ANY OF THE

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        FOLLOWING:

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             (i) AN ADULT BOOKSTORE, ADULT MOTION PICTURE THEATRE, ADULT

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        MINI-MOTION PICTURE THEATER, OR ADULT CABARET.

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             (ii) A PREMISES TO WHICH THE PUBLIC PATRONS OR MEMBERS ARE

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        INVITED OR ADMITTED AND WHICH ARE SO PHYSICALLY ARRANGED AS TO

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        PROVIDE BOOTHS, CUBICLES, ROOMS, COMPARTMENTS, OR STALLS SEPARATE



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        FROM THE COMMON AREAS OF THE PREMISES FOR THE PURPOSE OF VIEWING

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        ADULT-ORIENTED MOTION PICTURES, OR IN WHICH AN ENTERTAINER PRO-

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        VIDES ADULT ENTERTAINMENT TO A MEMBER OF THE PUBLIC, A PATRON, OR

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        A MEMBER FOR PROFIT.

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             (iii) AN ADULT ENTERTAINMENT STUDIO OR ANY PREMISES THAT IS

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        PHYSICALLY ARRANGED AND USED AS AN ADULT ENTERTAINMENT STUDIO,

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        WHETHER ADVERTISED OR REPRESENTED AS AN ADULT ENTERTAINMENT

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        STUDIO, EXOTIC DANCE STUDIO, ENCOUNTER STUDIO, SENSITIVITY

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        STUDIO, MODEL STUDIO, ESCORT SERVICE, ESCORT, OR ANY OTHER TERM

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        OF LIKE IMPORT.

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             (F) "ADULT MINI-MOTION PICTURE THEATER" MEANS AN ENCLOSED

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        BUILDING WITH A CAPACITY OF LESS THAN 50 PERSONS REGULARLY USED

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        FOR PRESENTING MATERIAL DISTINGUISHED OR CHARACTERIZED BY AN

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        EMPHASIS ON MATTER DEPICTING, DESCRIBING, OR RELATING TO A SPE-

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        CIFIC SEXUAL ACTIVITY FOR OBSERVATION BY PATRONS IN THE

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        ESTABLISHMENT.

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             (G) "ADULT MOTION PICTURE THEATER" MEANS AN ENCLOSED BUILD-

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        ING WITH A CAPACITY OF 50 OR MORE PERSONS REGULARLY USED FOR

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        PRESENTING MATERIAL HAVING AS A DOMINANT THEME OR PRESENTING

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        MATERIAL DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS ON MATTER

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        DEPICTING, DESCRIBING, OR RELATING TO A SPECIFIC SEXUAL ACTIVITY

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        FOR OBSERVATION BY PATRONS IN THE ESTABLISHMENT.

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             (H) "BILLBOARD" MEANS A SIGN SEPARATE FROM A PREMISES

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        ERECTED FOR THE PURPOSE OF ADVERTISING A PRODUCT, EVENT, PERSON,

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        OR SUBJECT NOT RELATED TO THE PREMISES ON WHICH THE SIGN IS

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        LOCATED.  OFF-PREMISES DIRECTIONAL SIGNS AS PERMITTED IN THIS ACT





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        SHALL NOT BE CONSIDERED BILLBOARDS FOR THE PURPOSE OF THIS

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        SECTION.

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             (I) "SPECIFIC SEXUAL ACTIVITY" MEANS 1 OR MORE OF THE FOL-

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        LOWING SEXUAL ACTIVITIES OR EXHIBITIONS OF ANATOMICAL AREAS:

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             (i) HUMAN GENITALS IN A STATE OF SEXUAL STIMULATION OR

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        AROUSAL.

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             (ii) AN ACT OR REPRESENTATION OF AN ACT OF HUMAN MASTURBA-

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        TION, SEXUAL INTERCOURSE, SODOMY, CUNNILINGUS, FELLATIO, OR

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        EXCRETORY FUNCTION.

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             (iii) FONDLING OR EROTIC TOUCHING OF HUMAN GENITALS, PUBIC

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        REGIONS, BUTTOCKS, OR FEMALE BREASTS.

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             (iv) LESS THAN COMPLETELY AND OPAQUELY COVERED HUMAN GENI-

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        TALS OR PUBIC REGIONS, BUTTOCKS, OR FEMALE BREASTS BELOW THE TOP

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        OF THE AREOLA.

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             (v) HUMAN MALE GENITALS IN A DISCERNIBLY TURGID STATE, EVEN

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        IF COMPLETELY AND OPAQUELY COVERED.

























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