(A) Violations.
(1) It shall be an offense for a person who knowingly and intentionally, in a sexually- oriented business, appears in a state of nudity or depicts specified sexual activities.
(2) It shall be an offense for a person who knowingly or intentionally, in a sexually- oriented business, appears in a semi-nude condition unless the person is an employee who, while semi-nude, shall be at least ten feet from any patron or customer and on a stage at least two feet from the floor.
(3) It shall be an offense for an employee, while semi-nude in a sexually-oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee while said employee is semi-nude in a sexually-oriented business.
(4) It shall be an offense for an employee, while semi-nude, to touch a customer or the clothing of a customer.
(B) Exemptions. It is a defense to prosecution under division (A) above that a person appearing in a state of nudity did so in a modeling class operated:
(1) By a proprietary school, licensed by the state, or a college, junior college, or university supported entirely 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 person is available for viewing;
(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 model is on the premises at any one time.
(Ord. 1511, passed 3-5-2007) Penalty, see § 113.99