Grand Rapids, Michigan- -- The Plainfield Township Board unanimously approved an ordinance to regulate adult-oriented businesses.
The change was prompted by concerns the ordinances, which had not been updated in several years, addressed only books and magazines.
Township officials raised their concerns when Family Video tried to locate on Plainfield Avenue. The business maintains a small section of adult videos for rent. "I was concerned our defenses against this kind of business was low," said Township Manager Robert C. Homan.
"Upon (Township Attorney Eric Brandt's) review of this ordinance, he found our defenses were very low."
The new ordinance defines regulated businesses, such as adult-merchandise stores.
Any store with 10 percent of its retail floor space, visible inventory or gross revenues comprised of adult materials would be regulated as an adult-merchandise store.
The ordinance also defines adult materials as any kind of media -- from printed, film, video, electronic files to any media or material that is invented in the future -- that is regulated because of its adult content.
"Every little regulation in here is new," said Homan.
Brandt asked the board to increase the percent of floor space, inventory or gross sales to define an adult business from 10 percent to 25 percent because other communities use the 25 percent threshold. He said the 10 percent number could be too restrictive and could be grounds for a court challenge.
"We have to allow this type of activity," Brandt said. "The safe thing is to do what other municipalities have done and go with 25 percent. I'd rather be safe than have the courts throw the whole thing out."
But board member Wendell L. Briggs refused to increase the threshold.
"I'd rather leave it at 10 percent and fight about it," he said. "I think this is one of the most important ordinances this township can handle."
Board member Charles E. Weldon said he would have preferred to be able to remove R-rated movies from the video stores but would settle for getting rid of adult videos.
"I'm embarrassed even to be talking about it," he said. "I hope we can curtail it. I don't think we can get the R out of it, but we can get the X out of it."
