(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 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.
(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.
(1987 Code, § 4-123) (Ord. 39, 1998, passed 4-13-1998)