98-038 ORD PROVIDING THAT ORDINANCE NO 1710 BE AMENDED BY ADDING ARTICLE SIX OF CHAPTER 21 TO BE NUMBERED SECTIONS 21-125 THROUGH 21-149 OF SAID ORDINANCE

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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 female breasts; (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 of the business establishment: (1) it is available to the general public for handling and inspection; or (2) the cover, outside packaging on the item or contents of the item is visible to members of the general public. Sec. 21-145. ENFORCEMENT. (a) Except as provided by Subsection (b) of this section, any person violating Sec. 21- 137 of this Ordinance, upon conviction, is punishable by a fine not to exceed $2,000.00 for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs. (b) Ifthe sexually oriented business involved is a nude model studio or sexual encounter center, then violation of Sec. 21-128(a) or Sec. 21-137 ofthis Ordinance is punishable as a Class A misdemeanor. (c) Except as provided by Subsection (b) of this section, above, any person violating a provision ofthis Ordinance other than Sec. 21-137, upon conviction, is punishable by a fine not to exceed $2,000.00 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 Sec. 21-128(a), Sec. 21-137 or Sec. 21-140(d) of this Ordinance 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 of Texas; a college, junior college, or university supported entirely or partly by taxation;