NEW BUFFALO, Mich. - Who wants to go to a strip club that doesn’t serve booze? That’s just one question the New Buffalo Township Board hopes anyone who may be thinking about opening such a business in the township will ask.
Another question might be: Why would anyone want to open any kind of sexually oriented business in New Buffalo Township, considering the 26 pages of regulations governing such operations?
Last week, an amended ordinance governing sexually oriented businesses was passed by the New Buffalo Township Board.
To make sure the ordinance was as airtight as possible, the board hired Scott Bergthold, an attorney from Chattanooga, Tenn., who specializes in such matters, to review the ordinance that township officials passed in February and make whatever recommendations he deemed necessary.
The results of Bergthold’s effort will be the law of the land in the township 30 days after notice of its passage is published this week.
The ban on liquor consumption governs nightclubs, cabarets, gentlemen’s clubs and similar businesses.
Another provision requires a “direct line of sight” into booths or other private or semi-private areas of a club to reduce opportunities for sexual activity.
The new ordinance also goes into greater detail in defining terms related to sexually oriented businesses. For example, a bookstore becomes classified as an adult bookstore when at least 30 percent of its sales involve sexually explicit materials.
Other, seemingly minor changes in the initial ordinance involve removing a requirement that applicants for sexually oriented business licenses must include their Social Security numbers on their applications. That’s not legal, but township officials can require applicants to register their driver’s license numbers.
The revised ordinance also lowers the fees for a business license for sexually oriented businesses from $500 to $100, and for the employee license required of individuals who work in such establishments from $300 to $50.
The reduction was recommended based on rate schedules used by other municipalities. Having rates that are inordinately high can support arguments that a municipality is trying to legislate a sexually oriented business out of existence, which is illegal.
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