860.99 PENALTY.
   (a)   Except as provided in subsection (b) or (c) hereof, whoever violates any of the provisions of this Chapter is guilty of violating the City of Olmsted Falls Codified Ordinances Regulating Sexually Oriented Businesses or Adult Entertainment Businesses. Violation of this Chapter hereof is a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six (6) months, or both, if an individual, and shall be fined not more than two thousand dollars ($2,000), if an organization, subject to the provisions of Chapter 698 of the General Offenses Code, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
   (b)   It is an affirmative defense, as defined by Ohio Revised Code 2901.05, to prosecution under Sections 860.04, 860.05, or 860.24 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 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 (3) days in advance of the class; and
         C.   Where no more than one (1) nude model is on the premises at any one time.
   (c)   It is an affirmative defense, as defined by Ohio Revised Code 2901.05, to prosecution under the relevant provisions of this Chapter 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. 03-2004. Passed 3-9-04.)