§ 112.99 PENALTY.

   (A)   Except as provided by division (B) below, any person violating § 112.14, upon conviction, is punishable by a fine not to exceed $1,000.

   (B)   If the sexually oriented business involved is a nude model studio or sexual encounter center, then violation of §§ 112.04(A) or 112.14 is punishable as a Class A misdemeanor.

   (C)   Except as provided by division (B) above, any person violating a provision of this chapter other than § 112.14, upon conviction, is punishable by a fine not to exceed $200.

   (D)   It is a defense to prosecution under §§ 112.04(A), 112.14 or 112.15(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, 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.

   (E)   It is a defense to prosecution under § 112.04(A) or § 112.12 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)   The violation of any provision of this chapter relating to the maintaining of a public nuisance as described herein or in permitting or allowing such public nuisance to exist shall be punished by a fine not exceeding $200 and each day’s violation thereof shall be and is hereby declared to be a distinct and separate offense and punishable as such.

(Ord. 11-95, passed 11-6-1995; Ord. 09031, passed 9-8-2003)