Any corporation, agent or employee thereof who violates any
of the provisions of this article shall be guilty of a misdemeanor
and upon conviction thereof shall be fined an amount the maximum as
prescribed by law and by ordinance of the town for each offense. Each
day that a violation is permitted to exist shall constitute a separate
offense.
(Ordinance 17-804 adopted 5/8/17)
(a) It is a defense to prosecution under section 14.11.205 “location,”
section 14.11.305 “license required,” and section 14.11.415
“additional regulations for model businesses” 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; 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 or other advertising visible from the exterior
of the structure indicating a nude person is available for viewing;
and
(B) Where in order to participate in a class a student must enroll at
least three (3) 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 under section 14.11.205 “location”
and section 14.11.305 “license required” that said item
of descriptive, printed, film or video material offered for sale or
rental:
(1) Taken as a whole, contains serious literary, artistic, political,
or scientific value; and
(2) When taken as a whole does not appeal to the prurient interest in
sex.
(Ordinance 17-804 adopted 5/8/17)