Second city bans nudity, alcohol mix

Sunday Times Newspapers


ALLEN PARK — A new ordinance will prohibit nudity in establishments that have liquor licenses throughout the city.


The first and second reading of the ordinance titled “Prohibition of Nudity and Specified Sexual Activities on Licensed Premises” was held during Tuesday’s City Council meeting.


This ordinance will ban nudity and sexual activities in any business that holds a liquor license through the Michigan Liquor Control Commission.


It states that no person can appear in a state of nudity or engage in sexual activities in a licensed building, and that no owner can allow nudity in their establishment.


Violations can result in revocation by the city of the business’s certificate of occupancy for the building. Officials also may request the Michigan Liquor Control Commission to revoke or not renew the liquor license for the premises.


“It is an effort to make sure we don’t get any topless places in Allen Park,” Mayor Gary Burtka said.
Wyandotte passed a similar ordinance on Jan. 26. Van Buren and Clinton townships also have adopted similar statutes that have held up in state court.


“This ordinance is gender neutral,” said City Attorney Anthony Guerriero, “I want to make sure we’re not just talking about females.”


Councilman Francesco Tucci asked if individual entertainers also would have to be licensed.


“The prohibition of nudity and sexual activities on a premises would eliminate the need for the licensing of entertainers,” said Guerriero. “My understanding is this is by title only, it is to be referred to the legal affairs committee.


“We’ll flesh out any concerns there may be.”


But as Tucci pointed out, licensing entertainers still must be addressed, because under the nudity ordinance, establishments that don’t hold a liquor license still could have nudity on the premises.


“(Entertainer licensing) would be a separate ordinance that would need to be brought to the table, because this covers liquor licenses specifically,” Burtka said. “That is something legal affairs would have to look into.”


The adoption of the ordinance is pending approval from the legal affairs committee.