§ 114.99 PENALTY.

   (A)   Any person who violates any provision of this chapter for which no penalty is provided shall be subject to the terms of § 10.99.

   (B)   Except as provided by division (C), any person violating § 114.11, upon conviction, is punishable by a fine not to exceed $200.

   (C)   If the sexually oriented business involved is a nude model studio or sexual encounter center, the violation of § 114.03(A) or § 114.11 is punishable as a Class C misdemeanor.

   (D)   Except as provided by division (C), any person violating a provision of this chapter other than § 114.11, upon conviction, is punishable by a fine not to exceed $200.

   (E)   It is a defense to prosecution under § 144.03(A), § 114.11, or § 114.14(D) that a person appearing in a state of nudity did so in a modeling class operated:

      (1)   By a proprietary school licensed by the State of Texas; or 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 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 advertising that indicates that a nude person is available for viewing;

         (b)   When, 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 time.

   (F)   It is a defense to prosecution under § 114.03(A) or § 114.11 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. 6-89, passed 5-8-1989)