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(A) The United States Supreme Court decision in Barnes v. Glen Theater Inc., 501 U.S., 111 S.Ct. 2456, (June 21, 1991) which upheld the rights of cities to prohibit live public exposure of a person(s) private parts, specifically applies to sexually oriented business (regardless of whether or not a permit has been issued to said businesses under this chapter), including said businesses where no alcoholic beverages are sold, served, or consumed at the premises.
(Ord. 1998-12, passed 10-6-98; Am. Ord. 2009-3, passed 4-21-09) Penalty, see § 112.99
(A) In addition to the penalty provisions found at other sections of this chapter, the following additional penalty provisions shall also apply to sexually oriented businesses.
(B) If a sexually oriented business is subject to this chapter, it shall be unlawful to operate or cause to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and said person knows or should know that:
(1) The business does not have a sexually oriented business permit under this chapter for any applicable classification;
(2) The business has a permit which is under suspension;
(3) The business has a permit which has been revoked; or
(4) The business has a permit which has expired.
(C) A person who violates this section is subject to a civil fine as provided in § 112.99.
(Ord. 1998-12, passed 10-6-98; Am. Ord. 2009-3, passed 4-21-09) Penalty, see § 112.99
(A) It is a defense to prosecution for any violation of this chapter that a person appearing in a state of nudity did so in a modeling class operated:
(1) By 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 a 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; and
(c) Where no more than one nude model is on the premises at any one time.
(B) It is a defense to prosecution for a violation of this chapter that an employee of a sexually oriented business, regardless of whether or not it is permitted under this chapter, exposed any specified anatomical area during the employee's bona fide use of a restroom, or during the employee’s bona fide use of a dressing room which is accessible only to employees.
(C) Schools and libraries are exempt from the regulations of this chapter.
(D) This chapter is not applicable to any community theater that shows films rated G, PG, or R by the motion picture industry and where no more than 5% of its revenues are derived from films not covered by these ratings.
(E) It is a defense to this chapter that a sexually oriented business is lawfully in operation prior to the date of enactment of this chapter.
(Ord. 1998-12, passed 10-6-98; Am. Ord. 2009-3, passed 4-21-09)
The city and its designee, the Madison Police Department and all other departments and agencies, and all other city officers, agents, and employees, charged with enforcement of state and local laws and codes shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon a sexually oriented business while acting within the scope of authority conferred by this chapter.
(Ord. 1998-12, passed 10-6-98; Am. Ord. 2009-3, passed 4-21-09)
(A) In addition to whatever penalties are applicable under the State of Indiana Penal Code, if any person fails or refuses to obey or comply with or violates any of the provisions of this chapter, such person upon conviction of such offense, shall be subject to a civil fine of $2,500 for the first offense and $7,500 for each subsequent offense, in the discretion of the court. Each violation or non-compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall be considered as a separate offense.
(B) Nothing herein shall prevent or restrict the city from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.
(C) All remedies and penalties provided for in this section shall be cumulative and independently available to the city and the city shall be authorized to pursue any and all remedies set forth in this section to the full extent allowed by law.
(Ord. 1998-12, passed 10-6-98; Am. Ord. 2009-3, passed 4-21-09)