(A) The United States Supreme Court decision in Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991), and in Paps A.M. v. City of Erie, 529 U.S. 277 (2000), which upheld the rights of cities to prohibit live public exposure of a person's private parts, specifically applies to sexually oriented businesses (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.
(B) Nudity is prohibited within any sexually oriented business establishment in the city. Any sexually oriented business which is found in violation of this section shall have its permit suspended pursuant to the provisions of § 115.14.
(C) It is a defense to prosecution for any violation of § 115.24 of this chapter that a person appearing live in a state of nudity did so in a modeling class operated:
(1) By a proprietary school licensed by the State of Ohio; 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.
(D) It is a defense to prosecution for a violation of this section that an employee or independent contractor 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, shower room or during the employee's or independent contractor's bona fide use of a dressing room which is accessible only to employees, and/or independent contractors or a private room in an adult motel.
(E) It is a defense to prosecution for any violation of this section that a person appearing live in a state of nudity was dancing not for hire and; (1) did not receive any remuneration, monetary or otherwise; (2) was not promised any such compensation from any person for such activities; and (3) was not participating in a contest for which there is a prize of any type.
(Ord. 9-03, passed 6-2-03) Penalty, see § 115.99