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(A) It is a defense to prosecution under § 111.37 of this chapter that a person appearing in a state of nudity did so:
(1) In a modeling class operated by a proprietary school, licensed by the state; a college, junior college or university supported entirely or partly by taxation; or 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;
(2) In accordance with medical treatment or sexual therapy performed by or under the auspices of physicians or therapists licensed by the state; or
(3) Where any provision or offense herein fails to state a necessary level of culpability to establish a violation or liability, the offense shall be established upon a showing that the person acted knowingly or recklessly with regard to the predicate act.
(B) Notwithstanding anything to the contrary, for the purposes of this chapter, an act by an employee shall be imputed to the sexually oriented business permittee for the purpose of establishing a violation of this chapter, or for purposes of license denial, suspension or revocation only if a permittee allowed, either knowingly or recklessly, a violation of this chapter to occur. It shall be a defense to liability that the sexually oriented business licensee was powerless to prevent the violation.
(Ord. 2012-2, passed 4-3-2012)