§ 114.99 PENALTY.

   (A)   Enforcement.

      (1)   Except as provided by division (A)(2) of this section, any person violating § 114.25 of this chapter, 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 § 114.04(A) or § 114.25 of this chapter is punishable as a Class A misdemeanor.

      (3)   Except as provided by division (A)(2) of this section, any person violating a provision of this chapter other than § 114.25, 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)   (a)   It is a defense to prosecution under §§ 114.04(A), 114.25 or 114.28(D) of this chapter that a person appearing in a state of nudity or semi-nudity did so in a modeling class operated:

            1.   By a proprietary school licensed by the State of Texas; 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:

               (i)   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; and

               (ii)   Where in order to participate in a class a student must enroll at least three days in advance of the class; and

               (iii)   Where no more than one nude or semi-nude model is on the premises at any one time.

         (b)   It is a defense to prosecution under § 114.04(A) or § 114.25 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.

   (B)   Injunctive relief. A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of § 114.25 of this chapter is subject to a suit for injunction as well as prosecution for criminal violations.

(Ord. 884, passed 11- -02)