§ 54-21. Enforcement.

(a)

Except as provided by subsection (b) of this section, any person violating section 54-13, upon conviction, is punishable by a fine not to exceed $3,000.00 for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs.

(b)

If the sexually oriented business is a nude model studio or sexual encounter center, then violation of section 54-4(a) or section 54-13 is punishable as a class A misdemeanor.

(c)

Except as provided by subsection (b) of this section, any person violating a provision of this chapter other than section 54-13, upon conviction, is punishable by a fine not to exceed $2,000.00 for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs.

(d)

It is a defense to prosecution under section 54-4(a), 54-13 or 54-16(d) that a person appearing in a state of nudity or seminudity did so in a modeling class operated:

(1)

By a proprietary school licensed by the state, a college, junior college, or university supported entirely by or partly by taxation;

(2)

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

(3)

In a structure:

a.

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude or seminude person is available for viewing; or

b.

Where in order to participate in a class a student must enroll at least three days in advance of the class; and

c.

Where no more than one nude or seminude model is on the premises at any time.

(e)

It is a defense to prosecution under section 54-4(a) or 54-13 that each item of descriptive, printed film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value.

(Ord. No. 2001-07-24, § 2(U), 7-24-2001)