§ 12-1236. Commission of unlawful acts, offenses; defenses to prosecution.

(a)

Whenever a person does an act that is prohibited, fails to perform an act that is required, or commits an act that is made an offense by any provision of this article or any other ordinance regulating sexually oriented businesses, the violation is punishable by a fine not to exceed $2,000.00, or other applicable law. A person violating a provision of this article is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted.

(b)

Except where otherwise specified, a culpable mental state is not required for the commission of an offense under this article.

(c)

It is a defense to prosecution under section 12-1199 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; or a college, a junior college, or a university supported entirely or partly by governmental 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 person is available for viewing who is in a state of nudity or is seminude;

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 model who is in a state of nudity or is seminude is on the premises at any one time.

(Code 1982, § 27-19; Ord. No. 88-25, § 2, 7-5-1988)