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In addition to the criminal penalties found in other sections of this chapter, it shall be unlawful and a person commits a misdemeanor if the person operates or causes to be operated a sexually oriented business and knows or should know that the business does not have a sexually oriented business permit or has a permit which has expired or which has been suspended or revoked.
(Ord. 12-1998. Passed 7-27-98.)
(a) It is a defense to prosecution for 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 in whole or in part by taxation;
(2) By a private college or university which maintains and operates educational programs in which credits are transferrable 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 permitted at a time.
(b) It is a defense to prosecution for violation of this chapter that an employee of a sexually oriented business exposed any "specified anatomical area" during the bona fide use of a restroom or dressing room accessible only to employees.
(Ord. 12-1998. Passed 7-27-98.)
(a) In addition to any applicable penalties under state or county law, any person convicted of a criminal offense under this chapter shall be guilty of a misdemeanor and be punished by a fine not to exceed $500.00 or by imprisonment not to exceed sixty (60) days, or both. Each violation or non-compliance shall be considered as a separate offense as will each day of continued violation or non-compliance.
(b) The City may take any such lawful action to prevent or remedy any violation or noncompliance including, but not limited to, an equitable action for injunctive relief or an action at law for damages.
(Ord. 12-1998. Passed 7-27-98.)
The City, the Police Department 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. 12-1998. Passed 7-27-98.)