§ 154.094 ENFORCEMENT.

   (A)   Except as provided by division (B) below, any person violating § 154.082, upon conviction, is punishable as a Class A misdemeanor by a fine not to exceed $4,000 for each offense and a separate offense shall be deemed committed upon each day during or on which violation occurs. Tex. Loc. Gov’t Code, § 243.010(b).

   (B)   If the sexually oriented business involved is an adult cabaret or other adult establishment not within the definition of Tex. Loc. Gov’t Code, § 243.002, then violation of § 154.082 of this chapter is punishable as a Class C misdemeanor.

   (C)   Any person violating a provision of the chapter other than § 154.082, upon conviction, is punishable by a fine not to exceed $500 as a Class C misdemeanor 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 §§ 154.073(A), 154.082 or 154.085(D) 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 of Texas; 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)   A structure:

         (a)   Which wass not visible from the exterior of the structure and has 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.

   (E)   It is a defense to prosecution under § 154.073(A) or § 154.082 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.

   (F)   For a period of 18 months after passage of this subchapter, it is a defense to prosecution under § 154.088 if the sexually oriented business was in operation at its present location on the date of passage of this subchapter and that the business is working toward compliance with § 154.088 such that the business is projected to be in compliance by the end of 18 months after passage of this subchapter.

   (G)   For a period of 18 months after passage of this subchapter, it is a defense to prosecution under § 154.089 if the sexually oriented business was in operation at its present location on the date of passage of this subchapter and that the business is working toward compliance with § 154.089 such that the business is projected to be in compliance by the end of 18 months after passage of this subchapter.

   (H)   (1)   Any sexually oriented business in operation on the date of passage of this subchapter will be entitled to 30 days to fully complete an application for a license.

      (2)   During the 30 days, the business will be granted a grace period regarding enforcement of this chapter. Moreover, if the application is completed in full during the 30-day period, then this period shall be extended to the business until the licensing decision is made under § 154.074 above by the Police Chief.

   (I)   The revocation or suspension of any license shall not prohibit the imposition of a criminal penalty and the imposition of a criminal penalty shall not prevent the revocation or suspension of a license.

(Ord. 12-3-98, passed 12-3-1998)