§ 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)

§ 154.095 INJUNCTION.

   A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of this chapter is subject to a suit for injunction as well as prosecution for criminal violations.

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

§ 154.096 AMENDMENT OF THIS SUBCHAPTER.

   Sections 154.082 and 154.083 above may be amended only after compliance with the procedure required to amend a zoning ordinance. Other sections of this chapter may be amended by vote of the City Council.

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

§ 154.097 PROVIDING FOR GOVERNMENTAL IMMUNITY.

   All of the regulations provided in this subchapter are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any city official or employee charged with the enforcement of this subchapter, acting for the city in the discharge of his or her duties, shall not thereby render himself or herself personally liable; and he or she is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties.

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

§ 154.999 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)   Any violation of §§ 154.001 through 154.059 shall be a misdemeanor and each day that the violation occurs shall be a separate misdemeanor and the penalty for violating the provisions of this code shall be a fine not to exceed $200.

   (C)   Any person, firm, corporation, agent or employee thereof who violates this provision of §§ 154.070 through 154.097 shall be guilty of a misdemeanor, and upon conviction thereof shall be fined an amount not to exceed $4,000 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

(Ord. 3-86, passed 6-12-1986; Ord. 12-3-98, passed 12-3-1998)