§ 46-20. Enforcement—Generally.

(a)

Except as provided by subsection (b), and person violating section 46-13 of this chapter, upon conviction, is punishable by a fine not to exceed two thousand dollars ($2,000.00).

(b)

If the sexually oriented business involved is a "sexually oriented business" within the meaning of section 243.002 of the Texas Local Government Code, then violation of the provisions of this chapter which are promulgated pursuant to the authority set out in chapter 243 of the Texas Local Government Code is punishable as set out in Texas Local Government Code section 243.010.

(c)

Except as provided by subsection (b), any person violating a provision of this chapter other than section 46-13, upon conviction, is punishable by a fine not to exceed five hundred dollars ($500.00).

(d)

It is an affirmative defense to prosecution under section 46-4(a), 46-13, or 46-16(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; 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:

a.

Which has no sign visible from the exterior of the structure and no other advertising that indicates 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 (1) nude model is on the premises at any one time.

(e)

It is an affirmative defense to prosecution under section 46-4(a) or section 46-13 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. No. 6441, § 6, 6-23-94)

State law reference

Penalty for ordinance violations, V.T.C.A., Local Government Code § 243.010.