SENATE BILL NO. 1100
May 22, 1998, Introduced by Senators SHUGARS, GEAKE and GOUGEON
A bill to restrict the attendance of minors at certain music performances; to regulate the operation of certain music venues; and to prescribe penalties.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Harmful to minors" means any material that meets all of the following requirements:
(i) The average adult person, applying contemporary community standards, would find that the material, when considered as a whole, appeals to the prurient interest of minors.
(ii) The material depicts or describes, in an explicit and patently offensive manner by prevailing standards in the adult community with respect to what is suitable for minors, any of the following:
(A) Ultimate sexual acts, normal or perverted, actual or simulated.
(B) Masturbation, fellatio, cunnilingus, bestiality, excretory functions, lewd exhibition of the genitals or genital area, sexually explicit conduct, sexual excitement, or sexually explicit nudity.
(C) Acts that are violent or destructive, including but not limited to human or animal mutilation, dismemberment, murder, suicide, rape, torture, or illegal use of drugs.
(iii) When considered as a whole, and in the context for which it is used, lacks serious literary, artistic, political, or scientific value for minors.
(b) "Minor" means an individual under the age of 18.
(c) "Music venue" means a commercial venue where live music performances are held.
Sec. 2. (1) The governing board of a city, village, or township may, by resolution, determine that a live performance at a music venue within the city, village, or township is harmful to minors. The determination shall be based on the performer's past performances or the performer's recordings. However, the governing board shall not approve a resolution described in this section if the owner or operator of the music venue or the performer submits to the board evidence of a contract between the owner or operator and the performer in which the performer has agreed not to perform any material that is harmful to minors. If the owner or operator of a music venue objects to a resolution approved under this subsection, the owner or operator may demand arbitration rules of the American arbitration association. To initiate arbitration under this subsection, the owner or operator of the music venue shall submit a written notice of his or her intention to arbitrate to the governing board of the city, village, or township and to the American arbitration association not later than 14 business days after the resolution is approved. An arbitration hearing shall be conducted within 10 business days from the date the demand for arbitration is received by the American arbitration association and the decision by the arbitrator shall be issued not later than 10 business days from the date the final hearing concludes. If the city, village, or township approves a resolution under subsection (1) determining the performance is harmful to minors and notifies the owner or operator of the music venue a reasonable time period prior to the date of the performance, the owner or operator of the music venue shall comply with all of the following:
(a) A minor shall not be admitted to the performance unless accompanied and adult not less than 21 years of age.
(b) Tickets that are sold for the performance shall contain a notice on the ticket that minors will not be admitted unless accompanied by an adult not less than 21 years of age.
(c) Print advertisements for the performance shall contain a notice that minors will not be admitted unless accompanied by an adult not less than 21 years of age.
(d) Electronic advertisements shall include a statement that minors will not be admitted unless accompanied by an adult not less than 21 years of age.
Sec. 3. A person who violates this act is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $5,000.00, or both.
Enacting section 1. This act takes effect upon the expiration of 60 days after the date of its enactment.