(a)
It is the purpose of this article to regulate sexually oriented businesses
to promote the health, safety, morals, and general welfare of the
citizens of the city, and to establish reasonable and uniform regulations
to prevent the concentration of sexually oriented businesses within
the city. The provisions of this article have neither the purpose
nor the effect of imposing a limitation or restriction on the content
of any communicative materials, including sexually oriented materials.
Similarly, it is neither the intent nor effect of this article to
restrict or deny access by adults to sexually oriented materials protected
by the First Amendment, or to deny access by the distributors and
exhibitors of sexually oriented entertainment to their intended market.
(Ordinance 154-13 adopted 5/9/13)
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion-picture machines, projectors,
or other image-producing devices are maintained to show images to
five (5) or fewer persons per machine at any one time, and where the
images so displayed are distinguished or characterized by the depicting
or describing of “specified sexual activities” or “specified
anatomical areas.”
A commercial establishment that as one of its principal business
purposes offers for sale or rental for any form of consideration,
any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides,
other visual representations which depict or describe “specified
sexual activities” or “specified sexual areas”;
or
Instruments, devices, or paraphernalia which are designed for
use in connection with “specified sexual activities.”
A night club, bar, restaurant, or similar commercial establishment
that regularly features:
Persons who appear in a state of nudity or semi-nudity;
Live performances which are characterized by the exposure of
“specified anatomical areas” or by “specified sexual
activities”; or
Films, motion pictures, videocassettes, slides, or other photographic
reproductions which are characterized by the depiction or description
of “specified sexual activities” or “specified anatomical
areas.”
A hotel, motel or similar commercial establishment that:
Offers accommodations to the public for any form of consideration;
provides patrons with closed circuit television transmissions, films,
motion pictures, videocassettes, slides, or other photographic reproductions
which are characterized by the depiction or description of “specified
sexual activities” or “specified anatomical areas”;
and has a sign visible from the public right-of-way which advertises
the availability of this type of photographic reproductions;
Offers a sleeping room for rent for a period of time that is
less than ten (10) hours; or
Allows a tenant or occupant of a sleeping room to sublet the
room for a period of time that is less than ten (10) hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides, or similar photographic
reproductions are regularly shown that are characterized by the depiction
or description of “specified sexual activities” or “specified
anatomical areas.”
A theater, concert hall, auditorium, or similar commercial
establishment that regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of “specified anatomical areas” or by “specified
sexual activities.”
The chief of police of the City of Columbus or his designated
agent.
A building used as a day nursery, children’s boarding
home, child placement agency, religious or charitable encampment for
children or any other place for the care or custody of children under
sixteen (16) years of age.
A building in which persons regularly assemble for worship,
intended primarily for purposes connected with faith, or for propagating
a particular form of belief.
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person who, or business association that, furnishes, offers
or advertises to furnish escorts as one of its primary business purposes,
for a fee, tip, or other consideration.
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of any existing business, whether or not a sexually
oriented business, to any sexually oriented business;
The addition of any sexually oriented business to any other
existing sexually oriented business; or
The relocation of any sexually oriented business.
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license.
Any place where a person who appears in a state of nudity
or displays “specified anatomical areas” is provided to
be observed, sketched, drawn, painted, sculptured, photographed, or
similarly depicted by other persons who pays money or any form of
consideration.
To cause to function or to put or keep in operation. A person
may be found to be operating or causing to be operated a sexually
oriented business whether or not that person is an owner, part owner,
or licensee of the business.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
A state of dress in which clothing covers no more than the
genitals, pubic region, and areolae of the female breast, as well
as portions of the body covered by supporting straps or devices.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude modeling studio, or sexual encounter center.
Human genitals in a state of sexual arousal.
Includes any of the following:
The increase in floor area occupied by business by more than
twenty (20%) percent, as the floor area exists on the date of passage
of this article.
Includes any of the following:
The sale, lease or sublease of the business;
The transfer of securities that constitute a controlling interest
in the business, whether by sale, exchange or similar means; or
The establishment of a trust, gift, or other similar legal device
that transfers the ownership control of the business, except for transfer
by bequest or other operation of law upon the death of the person
possessing the ownership or control.
(Ordinance 154-13 adopted 5/9/13)
Sexually oriented businesses are classified as follows:
(1)
Adult arcades;
(2)
Adult bookstores or adult video stores;
(3)
Adult cabarets;
(4)
Adult motels;
(5)
Adult motion-picture theaters;
(6)
Adult theaters;
(7)
Escort agencies;
(8)
Nude model studios; and
(9)
Sexual encounter centers.
(Ordinance 154-13 adopted 5/9/13)
(a)
A person commits an offense if he operates a sexually oriented business
without a valid license, issued by the city for the particular type
of business.
(b)
An application for a license must be made on a form provided by the
chief of police. The application form shall be sworn to and shall
be accompanied by a sketch or diagram showing the configuration of
the premises, including a statement of the total floor space occupied
by the business. The sketch or diagram need not be professionally
prepared, but must be drawn to a designated scale or drawn with marked
dimensions of the interior of the premises to an accuracy of plus
or minus six inches (6").
(c)
The applicant must be qualified according to the provisions of this
article and the premises must be found to be in compliance with the
law by the city’s building official.
(d)
If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a license as the applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a twenty percent (20%) or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under section 14.03.005 and each applicant shall be considered a licensee if a license is granted.
(Ordinance 154-13 adopted 5/9/13)
(a)
The chief of police shall approve the issuance of a license by the
city secretary to an applicant within thirty (30) days after receipt
of an application unless he finds one or more of the following to
be true:
(1)
An applicant is under eighteen (18) years of age.
(2)
An applicant or an applicant’s spouse is overdue in his payment
to the city of taxes, fines, or penalties assessed against him or
imposed upon him in relation to a sexually oriented business.
(3)
An applicant has failed to provide information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form.
(4)
An applicant or an applicant’s spouse has been convicted of
a violation of a provision of this article, other than the offense
of operating a sexually oriented business without a license, within
two (2) years immediately preceding the application. The fact that
a conviction is being appealed shall have no effect.
(5)
An applicant is residing with a person who has been denied a license
by the city to operate a sexually oriented business within the preceding
twelve (12) months, or residing with a person whose license to operate
a sexually oriented business has been revoked within the preceding
twelve (12) months.
(6)
The premises to be used for the sexually oriented business have not
been approved by the city’s building official as being in compliance
with applicable laws and ordinances.
(7)
The license fee required by this article has not been paid.
(8)
An applicant has been employed in a sexually oriented business in
a managerial capacity within the preceding twelve (12) months and
has demonstrated that he is unable to operate or manage a sexually
oriented business premises in a peaceful and law-abiding manner, thus
necessitating action by law enforcement officers.
(9)
An applicant for the proposed establishment is in violation of or
is not in compliance with any section of this article.
(10)
An applicant or an applicant’s spouse has been convicted of
a crime:
(A)
Involving:
(i)
Any of the following offenses as described in chapter 43 of
the Texas Penal Code:
(iii)
Sexual assault or aggravated sexual assault as
described in chapter 22 of the Texas Penal Code;
(iv)
Incest, solicitation of a child, or harboring a runaway child
as described in chapter 25 of the Texas Penal Code; or
(v)
Criminal attempt, conspiracy, or solicitation to commit any
of the foregoing offenses;
(B)
For which:
(i)
Less than two (2) years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor
offense;
(ii)
Less than five (5) years have elapsed since the date of conviction
or the date of release from confinement for the conviction, whichever
is the later date, if the conviction is of a felony offense; or
(iii)
Less than five (5) years have elapsed since the
date of the last conviction or the date of release from confinement
for the last conviction, whichever is the later date, if the convictions
are of two (2) or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any twenty-four (24) month period.
(b)
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant or applicant’s spouse.
(c)
The license, if granted, shall state on its face the name of the
person or persons to whom it is granted, the expiration date, and
the address of the sexually oriented business. The license shall be
posted in a conspicuous place at or near the entrance to the sexually
oriented business so that it may be easily read at any time.
(Ordinance 154-13 adopted 5/9/13)
The annual fee for a sexually oriented business license shall
be five hundred dollars ($500.00).
(Ordinance 154-13 adopted 5/9/13)
(a)
An applicant or licensee shall permit representatives of the police
department, fire department, and the city’s building official
to inspect the premises of a sexually oriented business for the purpose
of ensuring compliance with the law, at any time it is occupied or
open for business.
(b)
A person who operates a sexually oriented business or his agent or
employee commits an offense if he refuses to permit a lawful inspection
of the premises by a representative of the police department at any
time it is occupied or open for business.
(c)
The provisions of this section shall not apply to areas of an adult
motel that are currently being rented by a customer as a permanent
or temporary habitation.
(Ordinance 154-13 adopted 5/9/13)
(a)
Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in section 14.03.005. Application for renewal should be made as least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the license shall not be affected.
(b)
When the chief of police denies renewal of a license, the applicant
shall not be issued a license for one year from the date of denial.
If, subsequent to denial, the chief of police finds that the basis
for denial of renewal of the license has been corrected or abated,
the applicant may be granted a license if at least ninety (90) days
have elapsed since the date denial became final.
(Ordinance 154-13 adopted 5/9/13)
The chief of police shall suspend a license for a period not
to exceed thirty (30) days if he determines that a licensee or an
employee of a licensee has:
(1)
Violated or is not in compliance with any section of this article;
(2)
Engaged in excessive use of alcoholic beverages while on the sexually
oriented business premises;
(3)
Refused to allow an inspection of the sexually oriented business
premises as authorized by this article;
(4)
Knowingly permitted gambling by any person on the sexually oriented
business premises; or
(5)
Demonstrated inability to operate or manage a sexually oriented business
in a peaceful and law-abiding manner, thus necessitating action by
law enforcement officers.
(Ordinance 154-13 adopted 5/9/13)
(a)
The chief of police shall revoke a license if a cause of suspension in section 14.03.009 occurs and the license has been suspended within the preceding twelve (12) months.
(b)
The chief of police shall revoke a license if he determines that:
(1)
A licensee gave false or misleading information in the material submitted
to the chief of police during the application process;
(2)
A licensee, an agent or an employee has knowingly allowed possession,
use, or sale of controlled substances on the premises;
(3)
A licensee, an agent or an employee has knowingly allowed prostitution
on the premises;
(4)
A licensee, an agent or an employee knowingly operated a sexually
oriented business during a period of time when the licensee’s
license was suspended;
(5)
A licensee has been convicted of an offense listed in section 14.03.005(a)(10)(A) for which the time period required in section 14.03.005(a)(10)(B) has not lapsed;
(6)
On two (2) or more occasions within a twelve (12) month period, a person or persons committed an offense, occurring in or on the licensed premises, of a crime listed in section 14.03.005(a)(10)(A), for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time of offenses were committed;
(7)
A licensee, an agent or an employee has knowingly allowed any act
of sexual intercourse, sodomy, oral copulation, masturbation, or sexual
contact to occur in or on the licensed premises. The term “sexual
contact” shall have the same meaning as it is defined in section
21.01, Texas Penal Code; or
(8)
A licensee is delinquent in payment to the city for hotel occupancy
taxes, ad valorem taxes, sales taxes or other taxes related to the
sexually oriented business.
(c)
The fact that a conviction is being appealed shall have no effect
on the revocation of the license.
(d)
Subsection (b)(7) above does not apply to adult motels as grounds for revoking the license unless the licensee, agent or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view.
(e)
When the chief of police revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a sexually oriented business license for one (1) year from the date revocation became effective. If, subsequent to revocation, the chief of police finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. If the license was revoked under subsection (b)(5), an applicant may not be granted another license until the appropriate number of years required under section 14.03.005(a)(10)(B) has elapsed since the termination of any sentence, parole or probation.
(Ordinance 154-13 adopted 5/9/13)
If the chief of police denies the issuance of a license, or
suspends or revokes a license, he shall send to the applicant, or
licensee, by certified mail, return receipt requested, written notice
of his action and the right to an appeal. Upon receipt of written
notice of the denial, suspension, or revocation, the applicant or
licensee whose application for a license has been denied or whose
license has been suspended or revoked shall have the right to appeal
to the state district court. An appeal to the state district court
must be filed within thirty (30) days after the receipt of notice
of the decision of the chief of police. The applicant or licensee
shall bear the burden of proof in court.
(Ordinance 154-13 adopted 5/9/13)
A licensee shall not transfer his license to another, nor shall
a licensee operate a sexually oriented business under the authority
of a license at any place other than the address designated in the
application.
(Ordinance 154-13 adopted 5/9/13)
(a)
A person commits an offense is he operates or causes to be operated
a sexually oriented business within one thousand five hundred (1,500')
feet of:
(1)
A church;
(2)
A public or private elementary school or secondary school;
(3)
A boundary of any residential district, as defined in the city’s
zoning ordinance;
(4)
A public park adjacent to any residential district, as defined in
the city’s zoning ordinance;
(5)
The property line of a lot devoted to residential use;
(6)
A child care facility; or
(7)
Any building or structure in which alcoholic beverages are offered
for sale.
(b)
A person commits an offense if he causes or permits the operation,
establishment, substantial enlargement, or transfer of ownership or
control of a sexually oriented business within one thousand five hundred
(1,500') feet of another sexually oriented business.
(c)
A person commits an offense is he causes or permits the operation,
establishment, or maintenance of more than one (1) sexually oriented
business in the same building, structure, or portion thereof, or the
increase of floor area of any sexually oriented business in any building,
structure, or portion thereof containing another sexually oriented
business.
(d)
For the purposes of subsection (a) of this section, measurement shall be in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, child care facility, public or private elementary school or secondary school, or building or structure in which alcoholic beverages are offered for sale, or to the nearest boundary of an affected public park, residential district, or residential lot.
(e)
For the purposes of subsection (b) of this section, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to any intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(f)
Any sexually oriented business lawful operating on the effective date of this article, that is in violation of subsections (a), (b), or (c) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed twelve (12) months, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming use shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within one thousand five hundred feet (1,500') of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming.
(g)
A sexually oriented business lawfully operating as a conforming use
is not rendered a nonconforming use by the location, subsequent to
the grant or renewal of the sexually oriented business license, of
a church, public or private elementary or secondary school, child
care facility, public park, residential district, or residential lot,
or any building or structure in which alcoholic beverages are offered
for sale, within one thousand five hundred feet (1,500') of the sexually
oriented business. This provision applies only to the renewal of a
valid license, and does not apply when an application for a license
is submitted after a license has expired or has been revoked.
(Ordinance 154-13 adopted 5/9/13)
(a)
If the chief of police denies the issuance of a license to an applicant
because the location of the sexually oriented business establishment
is in violation of any provision of this article, then the applicant
may, not later than ten (10) calendar days after receiving notice
of the denial, file with the city secretary a written request for
an exemption from the locational restrictions of this article.
(b)
If the written request is filed with the city secretary within the
ten-day limit, the city council shall consider the request. The city
secretary shall set a date for the hearing within sixty (60) days
from the date the written request is received.
(c)
A hearing by the city council may proceed if a quorum of the city
council is present. The city council shall hear and consider evidence
offered by any interested person. The formal rules of evidence do
not apply.
(d)
The city council may, in its discretion, grant an exemption from
the locational restriction of this article if it makes the following
findings:
(1)
That the location of the proposed sexually oriented business will
not have a detrimental effect on nearby properties or be contrary
to the public safety or welfare;
(2)
That the granting of the exemption will not violate the spirit and
intent of this article;
(3)
That the location of the proposed sexually oriented business will
not downgrade the property values or quality of life in the adjacent
areas or encourage the development of urban blight;
(4)
That the location of an additional sexually oriented business in
the area will not be contrary to any program of neighborhood conservation
nor will it interfere with any efforts of urban renewal or restoration;
and
(5)
That all other applicable provisions of this article will be observed.
(e)
The city council shall grant or deny the exemption by a majority
vote. Failure to reach a majority vote shall result in denial of the
exemption. Disputes of fact shall be decided on the basis of a preponderance
of the evidence. The decision of the city council is final.
(f)
If the city council grants the exemption, the exemption is valid
for one (1) year from the date of the city council’s action.
Upon expiration of an exemption, the sexually oriented business is
in violation of the locational restrictions of this article until
the applicant applies for and receives another exemption.
(g)
If the city council denies the exemption, the applicant may not reapply
for an exemption until at least twelve (12) months have elapsed since
the date of the city council’s action.
(Ordinance 154-13 adopted 5/9/13)
(a)
An escort agency shall not employ any person under the age of eighteen
(18) years.
(b)
A person commits an offense if he acts as an escort or agrees to
act as an escort for any person under the age of eighteen (18) years.
(Ordinance 154-13 adopted 5/9/13)
(a)
A nude model studio shall not employ any person under the age of
eighteen (18) years.
(b)
A person under the age of eighteen (18) years commits an offense
if he appears in a state of nudity or semi-nudity in or on the premises
of a nude model studio. It is a defense to prosecution under this
section if the person under eighteen (18) years was in a restroom
not open to public view or persons of the opposite sex.
(c)
A person commits an offense if he appears in a state of nudity or
semi-nudity or knowingly allows another to appear in a state of nudity
or semi-nudity in an area of a nude model studio premises which can
be viewed from the public right-of-way.
(d)
A nude studio shall not place or permit a bed, sofa, or mattress
in any room on the premises, except that a sofa may be placed in a
reception room open to the public.
(Ordinance 154-13 adopted 5/9/13)
(a)
A person commits an offense if he knowingly allows a person under
the age of eighteen (18) years to appear in a state of nudity or semi-nudity
in or on the premises of an adult theater or adult motion-picture
theater.
(b)
A person under the age of eighteen (18) years commits an offense
if he knowingly appears in a state of nudity or semi-nudity in or
on the premises of an adult theater or adult motion-picture theater.
(Ordinance 154-13 adopted 5/9/13)
(a)
Evidence that a sleeping room in a hotel, motel, or similar commercial
establishment has been rented and vacated two (2) or more times in
a period of time that is less than ten (10) hours creates a rebuttable
presumption that the establishment is an adult motel as that term
is defined in this article.
(b)
A person commits an offense if, as the person in control of a sleeping
room in a hotel, motel, or similar commercial establishment that does
not have a sexually oriented business license, he rents or subrents
a sleeping room to a person and, within ten (10) hours from the time
the room is rented, he rents or subrents the same sleeping room again.
(Ordinance 154-13 adopted 5/9/13)
(a)
A person who operates or causes to be operated a sexually oriented
business, other than an adult motel, which exhibits on the premises
in a viewing room or less than one hundred fifty (150) square feet
of floor space, a film, videocassette, or other video reproduction
which depicts specified sexual activities or specified anatomical
areas, shall comply with the following requirements:
(1)
Upon application for a sexually oriented business license, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one (1) or more manager’s stations,
the location of all overhead lighting fixtures, which lights are controlled
by which switches and designating a portion of the premises in which
patrons are not permitted. Only agents or employees shall have access
to light switches. A manager’s station may not exceed thirty-two
(32) square feet of floor area. The diagram shall also designate the
place at which the permit will be conspicuously posted, if granted.
A professionally prepared diagram in the nature of an engineer’s
or architect’s blueprint shall not be required; however, each
diagram should be oriented to the north or to some designated street
or object and should be drawn to a designated scale or with marked
dimensions sufficient to show the various internal dimensions of all
areas of the interior of the premises to an accuracy of plus or minus
six inches (6"). The chief of police may waive the foregoing diagram
for renewal applications if the applicant adopts a diagram that was
previously submitted and certifies that the configuration for the
premises has not been altered since it was prepared.
(2)
The application shall be sworn to be true and correct by the applicant.
(3)
No alteration in the configuration or location of a manager’s
station may be made without the prior approval of the chief of police.
(4)
It is the duty of the owners and operator of the premises to ensure
that at least one (1) employee is on duty and situated in each manager’s
station at all times that any patron is present inside the premises.
(5)
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from the manager’s station
of every area of the premises to which any patron is permitted access
for any purpose excluding restrooms. Restrooms may not contain video
reproduction equipment. If the premises have two (2) or more manager’s
stations designated, then the interior of the premises shall be configured
in such a manner that there is an unobstructed view of each area of
the premises to which any patron is permitted access for any purpose
from at least one (1) of the manager’s stations. The view required
in this subsection must be by direct line of sight from the manager’s
station.
(6)
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises to ensure that the view area specified in subsection (a)(5) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present on the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (a)(1) of this section.
(7)
The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are
permitted access at an illumination of not less than one (1.0) footcandle
as measured at the floor level.
(8)
It shall be the duty of the owners and operator and it also shall
be the duty of any agents and employees present on the premises to
ensure that the illumination described above is maintained at all
times that any patron is present on the premises.
(Ordinance 154-13 adopted 5/9/13)
(a)
A person commits an offense if, in a business establishment open
to persons under the age of seventeen (17) years, he displays a book,
pamphlet, newspaper, magazine, film, or videocassette, the cover of
which depicts, in a manner calculated to arouse sexual lust or passion
for commercial gain or to exploit sexual lust or perversion for commercial
gain, any of the following:
(1)
Human sexual intercourse, masturbation, or sodomy;
(2)
Fondling or other erotic touching of human genitals, pubic region,
buttocks, or that portion of the female breast;
(3)
Less than completely and opaquely covered human genitals, buttocks,
or that portion of the female breast below the top of the areola;
or
(4)
Human male genitals in a discernibly turgid state, whether covered
or uncovered;
(b)
In this section “display” means to locate an item in
such a manner that, without obtaining assistance from an agent or
employee or the business establishment:
(Ordinance 154-13 adopted 5/9/13)
(a)
Except as provided by subsection (b) of this section, any person violating section 14.03.013 of this article, upon conviction, is punishable by a fine not to exceed three thousand dollars ($3,000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs.
(b)
If the sexually oriented business is a nude model studio or sexual encounter center, then violation of section 14.03.004(a) or section 14.03.013 of this article is punishable as a class A misdemeanor.
(c)
Except as provided by subsection (b) of this section, above, any person violating a provision of this article other than section 14.03.013, upon conviction, is punishable by a fine not to exceed three thousand dollars ($3,000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs.
(d)
It is a defense to prosecution under section 14.03.004(a), 14.03.013 or 14.03.016(d) of this article 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, a college, junior
college, or university supported entirely by 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:
(A)
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; or
(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 (1) nude or semi-nude model is on the premises
at any time.
(D)
It is a defense to prosecution under section 14.03.004(a) or 14.03.013 of this article 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.
(Ordinance 154-13 adopted 5/9/13)
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of section 14.03.013 of this article is subject to a suit for injunction as well as prosecution for criminal violations.
(Ordinance 154-13 adopted 5/9/13)
