(a) Whoever engages in, conducts or carries on, or permits to be engaged in, conducted or carried on in the Village, the operation of a sexually oriented business without first having obtained a permit from the Village is guilty of a misdemeanor of the first degree.
(b) Whoever violates any of the following is guilty of a misdemeanor of the third degree, punishable by a maximum fine of five hundred dollars ($500.00) and sixty days in jail.
(1) If the owner or operator of a sexually oriented business located in the Village knowingly:
A. Refuses to allow appropriate State or local authorities, including police officers, access to the sexually oriented business for any building, health or safety inspection, or any other inspection conducted to ensure compliance with the regulations adopted by the Village under this chapter;
C. Employ any person under the age of eighteen;
D. Establish or operate a sexually oriented business within 1,000 feet from the boundaries of a parcel of real estate having situated on it a school, church, library, public park, tavern, bar, a "sexually oriented business" or another sexually oriented business; or within 1,000 feet from the boundaries of any residential district.
(2) If any employee of the establishment, in the performance of his or her duties, does any of the following:
A. Place his or her hand upon, touches with any part of his or her body, fondles in any manner, or massages the genitals, pubic area or buttocks of any other person or the breast of any female, or, if the employee is a female, of any other female, for the purpose of sexual stimulation;
B. Performs, offers or agrees to perform any act that would require the touching of the genitals, pubic region or buttocks of any other person or the breasts of any female or, if the employee is a female, of any other female, for the purpose of sexual stimulation;
C. Uncover the genitals, pubic area or buttocks of any other person or the breast of any females or, if the employee is a female, of any other female.
(c) Except as provided by subsection (d) and (e) hereof, any person violating any other provision of this chapter, upon conviction, is punishable by a fine not to exceed one thousand dollars ($1,000).
(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 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; 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 Section 725.04 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.
(Ord. 97-109. Passed 1-26-98.)