Professional Documents
Culture Documents
Sec. 5-4-2. Rules and Regulations Generally
Sec. 5-4-2. Rules and Regulations Generally
Detroit
CABARETS
SEC. 5-4-1. DEFINITIONS.
For the purpose of this article, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Cabaret shall mean any place open to the public wherein food and any type of alcoholic
beverage is sold or given away on the premises and the operator thereof holds a yearly
license from the state liquor control commission to sell such beverages by the glass and
where the patrons are provided with entertainment or space for dancing. Cabarets
Licensed under this article are classified as follows:
Group A cabaret is a cabaret where dancing is allowed whether or not live entertainment
is provided. A cabaret is also classified as a group A cabaret if more than two (2) live
entertainers are provided, whether or not dancing is allowed. Group B club cabaret is a
private club licensed by the state liquor control commission, pursuant to Public Act No. 8
of 1933, as amended. (MCL 426.2e)
Group C cabaret is a cabaret limited to two (2) or less entertainers where no dancing is
allowed.
Group D cabaret is a cabaret which provides entertainment as specified in Section
32.0023 of the Official Zoning Ordinance, 390-G, being chapter 61 of the City Code. A
group D cabaret shall not be licensed by the consumer affairs department until it has
complied with all zoning requirements.
Licensee shall mean any person licensed under this article.
Operator shall mean any person, licensed by the state liquor control commission, or such
persons agent or employee, operating any cabaret. (Code 1964, Sec. 5-4-1; Ord. 519-H)
2. The erotic caressing or fondling of the breast, buttocks, public region or genitals;
3. The actual or simulated displaying of the pubic hair, pubic region, anus, vulva or
genitals;
4. The exposure of the postpubertal female breast by any person other than an
entertainer while appearing on stage. For the purpose of this subsection, a female
breast is considered exposed if any portion of the breast, below a line immediately
above the top of the areola, is exposed.
d. Permit any person to smoke or hold a lighted cigar, cigarette or pipe on the dance
floor while dancing is permitted or to engage in such activity himself.
(2)
It shall be unlawful for any operator, or his agent or employee to:
a. Employ any entertainers except under written contract, and secured from booking
agencies licensed by the state. A copy of the contract signed by the booking agent and
the operator, or his authorized agent, specifying the names of the entertainers to be
provided, shall be kept on the premises where the entertainment is provided and shall
be made available for inspection at the request of any officer of the city police
department by the operator or by the person designated by the operator to be in
charge of the licensed premises. Such entertainers shall comply with the labor laws of
the state. Booking agents and booking agencies shall be responsible for and shall,
upon demand of any officer of the city police department, furnish a validated
certificate of birth as proof of the age of any entertainer thus employed. It shall be
unlawful for any booking agent to arrange a contract for any entertainer to engage in
any activity prohibited by this article, or to arrange a contract with any operator or
agent of a cabaret for the services of an entertainer knowing that it is the practice of
such cabaret to permit or allow such prohibited activities;
b. Fail to provide separate and adequate dressing rooms for male and female
entertainers, if entertainment is provided;
c. Permit or allow any patron to take any active part in any entertainment; except, that
patrons may engage or participate in group or community singing:
d. Permit overcrowding of the dance floor, or provided less than two hundred (200)
square feet of dance space in establishments which have a seating capacity of less
than one hundred (100) persons, or less than four hundred (400) square feet in
establishments which have a seating capacity of one hundred (100) or more persons;
such dance space shall be plainly indicated by floor markings and shall be kept free of
tables, chairs or any other obstacles during the time that dancing is permitted;
e. Permit any intoxicated person to be sold or served any alcoholic beverages, or permit
such person to dance, loiter or be employed on the licensed premises;
f. Permit employees, including entertainers, to eat, drink, solicit drinks or otherwise
mingle with the patrons; entertainers under eighteen (18) years of age shall not be
permitted to remain in that portion of the licensed premises that is open to the public
excepting during periods of actual performance or when accompanied by a parent,
legal guardian or spouse over eighteen (18) years of age;
g. Engage in or permit any illegal act or occupation on or adjacent to the premises;
h. Engage in, permit or allow gambling or the use, possession or presence of gambling
apparatus or paraphernalia; only those mechanical amusement devices which have
been approved in accordance with article XI of this chapter shall be permitted;
i. Employ any person except in accordance with the provisions of section 21-3-38;
j. Permit any person to remain in or on the licensed premises who engages in conduct
prohibited in subsections (1)c.1. and 2. of this section or who exposes to public view
any portion of his or her private parts as described in subsections (1)c.3. and 4. of this
section;
k. Permit the exhibition of pictures or films depicting any of the conduct prohibited in
subsection (1)c. of this section. (Code 1964, Sec. 5-4-7; Ord. 519-H)
SEC. 5-4-3. GROUP D CABARETSRULES AND REGULATIONS AS TO
OWNERS, MANAGERS, ETC., GENERALLY.
It shall be unlawful for any person to own, operate or manage a group D cabaret unless:
(1) He shall be registered with the city police department license unit of vice and license
section;
(2) He, or an employee designated by him to be temporarily in charge of operations, is on
the premises whenever patrons are present on the premises; and
(3) His name, and the name of the employee designated by him to be temporarily in
charge of operations, together with photographs of such persons clearly identifying
their facial features, shall be prominently displayed in full view of the licensed
premises together with the license issued by the state liquor control commission; and
(4) He has complied with the provisions of Section 66.0000 et seq. of the official zoning
ordinance of the city, regulated uses (Code 1964, Sec. 5-4-7.1; Ord. 519-H)
SEC. 5-4-4. SAME- RECEIPT OF MONEY, ETC., FROM PATRONS FOR
PRIVILEGE OF LEAVING WITH DANCER, ETC., PROHIBITED.
It shall be unlawful for any licensee, his agent or employee to require or accept any
consideration, be it money, ticket, token or other thing of value, in return for which any
patron at a group D cabaret shall be privileged to leave such cabaret in company with any
dancer or entertainer prior to the closing hour of such cabaret. (Code 1964, Sec. 5-4-7.2)
SEC. 5-4-5. SAME- EMPLOYMENT OF DANCERS AND ENTERTAINERS TO
PERFORM SECONDARY SERVICES.
It shall be unlawful for any licensee, his agent or employee to permit any person
employed as a dancer or entertainer in a group D cabaret to perform a secondary service
such as selling cigarettes, photographing patrons, waiting tables, bartending or hat
checking. (Code 1964, Sec. 5-4-7.3; Ord. 519-H)
(c) The city police department shall issue or renew a group D cabaret entertainers
identification card to an applicant after having completed a criminal record check of
the city police departments record bureau upon receipt of a fee, as determined by the
chief of the police department and director of consumer affairs department provided,
that the chief of police may issue a temporary or probationary card pending the
determination of the applicants eligibility for a permanent identification card. A
record of conviction for an offense involving gambling, narcotics, prostitution,
pandering or pornography, or a violation of any provision of this article, within the
preceding two (2) years, shall constitute grounds for refusal to issue or renew an
entertainers identification card. The entertainers identification card shall be renewed
annually. Such identification card shall remain the property of the city police
department and shall be surrendered on demand upon proof being submitted to the
city police department of any violation of any of the conditions of issuance. (Code
1964, Sec. 5-4-7.4; Ord. 320-H)
(3) That such area shall have separate toilet facilities for both sexes, accessible from
the dance or entertainment area, as herein described;
(4) That minors under seventeen (17) years of age may be admitted if accompanied
by a parent or guardian; provided, further, that such parent or guardian shall
remain on the premises with such minor;
(5) That a permit is secured for each dance or entertainment from the chief of police
of the city, who shall not issue such permit unless the premises is a suitable and
proper place in which minors may congregate and that the dance or entertainment
is suitably and properly supervised, in accordance with article V of this chapter;
(6) That operators shall comply with the provisions of chapter 46, regulating rental
halls. (Code 1964, Sec. 5-4-10; Ord. 519-H)
SEC. 5-4-10. DANCING AND ENTERTAINMENT PROHIBITED DURING
CERTAIN HOURS.
No dancing or entertainment shall be permitted in any cabaret between the hours of 2:00
a.m. and 7:30 a.m.; provided, that the exceptions in the state liquor control act governing
hours of operation on December twenty-fourth and twenty-fifth annually and regulations
of the state liquor control commission governing hours of operation on January first shall
prevail on the aforementioned dates. (Code 1964, Sec. 5-4-11; Ord. 519-H)
SEC. 5-4-32.
INSPECTION AND APPROVAL OF PREMISES; STRUCTURAL AND
SANITATION REQUIREMENTS.
(a) Upon application and before any license required by this division shall be issued, it
shall be the duty of the consumer affairs department to cause an inspection of the
proposed premises of any cabaret to be made by the department of buildings and
safety engineering, the department of health and the fire department. Upon full
compliance with all pertinent laws, rules and regulations of the aforesaid departments,
including the following particular requirements, such departments shall certify the
application to the consumer affairs department:
(1) Plumbing. All plumbing in cabarets shall meet the minimum requirements of the
official plumbing code of the city. All rooms housing sanitary facilities shall be
equipped with sanitary towels of a type acceptable to the city department of
health. Sanitary drinking fountains shall not be located in the toilet room.