§ 112.99 PENALTY.

   (A)   (1)   Except as provided by division (B) below, any person violating § 112.13, upon conviction, is punishable by a fine not to exceed $3,000 for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs.

      (2)   If the sexually oriented business involved is a nude model studio or sexual encounter center, then violation of §§ 112.04(A) or 112.13 is punishable as a class A misdemeanor.

      (3)   Except as provided by division (B) below, any person violating a provision of this chapter other than § 112.13, upon conviction, is punishable by a fine not to exceed $3,000 for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs.

      (4)   It is a defense to prosecution under §§ 112.04(A), 112.13 or 112.16(D) that a person appearing in a state of nudity or semi-nudity did so in a modeling class operated:

         (a)   By a proprietary school licensed by the state, a college, junior college or university supported entirely or partly by taxation;

         (b)   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

         (c)   In a structure:

            1.   Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing;

            2.   Where in order to participate in a class a student must enroll at least three days in advance of the class; and

            3.   Where no more that one nude or semi-nude model is on the premises at any one time.

      (5)   It is a defense to prosecution under §§ 112.04(A) or 112.13 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.

   (B)   A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of § 112.13 is subject to a suit for injunction as well as prosecution for criminal violations.

(Ord. passed 12-16-1997)