A. Prohibition: The United States Supreme Court decision in Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991) which upheld the rights of cities to prohibit live public exposure of a person’s private parts, specifically applies to sexually oriented businesses, regardless of whether or not a permit has been issued to said businesses under this chapter, including such businesses where no alcoholic beverages are sold, served or consumed at the premises. Public nudity is prohibited within the city, including any sexually oriented business. Any sexually oriented business which is found in violation of this section shall have its permit suspended pursuant to the provisions of section 3-8-13 of this chapter.
B. Exemptions; Defenses:
1. It is a defense to prosecution for any violation of this chapter that a person appearing in a state of nudity did so in a modeling class operated:
a. By a college, junior college or university supported entirely or partly by taxation;
b. 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
c. In a structure:
(1) 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
(2) Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and
(3) Where no more than one (1) nude model is on the premises at any one time.
2. It is a defense to prosecution for a violation of this chapter that an employee of a sexually oriented business, regardless of whether or not it is permitted under this chapter, exposed any specified anatomical area during the employee’s bona fide use of a restroom, or during the employee’s bona fide use of a dressing room which is accessible only to employees. (Ord. 11-5-1999, 11-18-1999)