§ 14-185. Enforcement.

(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 chapter [article] or any other ordinance regulating sexually oriented businesses, the violation is punishable as provided by V.T.C.A., Local Government Code § 243.010(b), as amended, or other applicable law. A person violating a provision of this chapter [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 chapter [article].

(C)

It is a defense to prosecution under section 123.27 [section 14-179] 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 nude person is available for viewing; and

(b)

Where, in order to participate in a class a student must enroll at lease three days in advance of the class; and

(c)

Where no more than one nude model is on the premises at any one time.

(Ord. No. 2010-28, § 2(Exh. A), 12-9-10)