(A) Any person violating § 115.05, upon conviction, is punishable as a class A misdemeanor; it being provided however, that the person may be charged with a municipal offense and be fined an amount not to exceed $500. Each day's continuance of a violation of such section shall constitute a separate and distinct offense for which the penalty provided herein may be assessed.
(B) Any person violating a provision of this chapter other than § 115.05, upon conviction, is punishable by a fine not to exceed $500. Where applicable, each day's continuance of a violation of any provision shall constitute a separate and distinct offense for which the penalty provided herein may be assessed.
(1) By a proprietary school licensed by the state, 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; and
(b) Where in order to participate in a class a student must enroll at least three days in advance of the class.
(E) Injunction. A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of any provision of this chapter may also be subject to a suit for injunction to prohibit such violations as well as prosecution for criminal violations. In any such suit, a person who is found to have violated a portion of this chapter and is enjoined will also be liable for all attorney fees and costs incurred in obtaining the injunctive relief.
(Ord. 310, passed 3-11-2010)