HOUSE BILL No. 5132


     November 10, 1999, Introduced by Rep. Koetje and referred to the Committee on
Constitutional Law and Ethics.


        A bill to amend 1980 PA 299, entitled

   "Occupational code,"

   (MCL 339.101 to 339.2721) by adding article 17A.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                               ARTICLE 17A

 2         SEC. 1769.  (1) AN ADULT ENTERTAINMENT ESTABLISHMENT SHALL

 3    NOT BE LOCATED IN A SHOPPING AREA CONTAINING 1 OR MORE PARCELS OF

 4    LAND OWNED BY A COMMON OWNER OR COMMON OWNERS IF THE SHOPPING

 5    AREA HAS 4 OR MORE RETAIL STORES.

 6         (2) AN ADULT ENTERTAINMENT ESTABLISHMENT SHALL NOT OPEN TO

 7    DO BUSINESS BEFORE 10 A.M., MONDAY THROUGH SATURDAY, AND AN ADULT

 8    ENTERTAINMENT ESTABLISHMENT SHALL NOT REMAIN OPEN AFTER 10 P.M.,

 9    MONDAY THROUGH SATURDAY.  NO ADULT ENTERTAINMENT ESTABLISHMENT

10    SHALL BE OPEN FOR BUSINESS ON ANY SUNDAY OR A LEGAL HOLIDAY.




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 1         (3) ALL PERSONS ENGAGED BY AN ADULT ENTERTAINMENT

 2    ESTABLISHMENT TO PROVIDE ENTERTAINMENT, MASSAGE, OR OTHER

 3    SERVICES TO ITS CUSTOMERS OR PATRONS SHALL BE ENGAGED AS EMPLOY-

 4    EES OF THE ADULT ENTERTAINMENT ESTABLISHMENT.  AN ADULT ENTER-

 5    TAINMENT ESTABLISHMENT SHALL NOT ENGAGE INDEPENDENT CONTRACTORS

 6    TO PROVIDE ENTERTAINMENT, MASSAGE, OR OTHER SERVICES TO ITS CUS-

 7    TOMERS OR PATRONS.

 8         SEC. 1770.  (1) AN OWNER, MANAGER, OPERATOR, PROCURER, OR

 9    EMPLOYEE OF AN ADULT ENTERTAINMENT ESTABLISHMENT OR MASSAGE

10    ESTABLISHMENT SHALL NOT KNOWINGLY ADMIT OR ALLOW TO REMAIN ON THE

11    PREMISES OF THE ADULT ENTERTAINMENT ESTABLISHMENT OR MASSAGE

12    ESTABLISHMENT AN INDIVIDUAL UNDER THE AGE OF 21 YEARS.

13         (2) IN ADDITION TO ANY PENALTIES ASSESSED UNDER ARTICLE 6, A

14    VIOLATION OF THIS SECTION IS A MISDEMEANOR PUNISHABLE BY A FINE

15    OF $1,000.00 FOR THE FIRST OFFENSE OR $5,000.00 FOR A SUBSEQUENT

16    OFFENSE.

17         (3) IT IS AN AFFIRMATIVE DEFENSE TO A PROSECUTION UNDER THIS

18    SECTION THAT THE INDIVIDUAL UNDER THE AGE OF 21 YEARS PRESENTED

19    IDENTIFICATION TO THE ACCUSED IF THE IDENTIFICATION CONTAINS A

20    PHOTOGRAPH OF THE INDIVIDUAL AND CONTAINS OTHER INFORMATION THAT

21    WOULD LEAD A REASONABLE PERSON TO BELIEVE THE INDIVIDUAL WAS 21

22    YEARS OF AGE OR OLDER.

23         Enacting section 1.  This amendatory act does not take

24    effect unless all of the following bills of the 90th Legislature

25    are enacted into law:

26         (a) Senate Bill No. ____ or House Bill No. 5124 (request

27    no. 04171'99 *).



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 1         (b) Senate Bill No. ____ or House Bill No. 5125 (request

 2    no. 04171'99 a *).

 3         (c) Senate Bill No. ____ or House Bill No. 5126 (request

 4    no. 05234'99).

 5         (d) Senate Bill No. ____ or House Bill No. 5127 (request

 6    no. 05235'99).

 7         (e) Senate Bill No. ____ or House Bill No. 5128 (request

 8    no. 05236'99).

 9         (f) Senate Bill No. ____ or House Bill No. 5129 (request

10    no. 05237'99).

11         (g) Senate Bill No. ____ or House Bill No. 5130 (request

12    no. 05238'99).

13         (h) Senate Bill No. ____ or House Bill No. 5131 (request

14    no. 05239'99).





























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