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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(2) by a private college or university which maintains and operates educational programs in which credits are transferrable 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; and (B) where in order to participate in a class a student must enroll at least three (3) days in advance ofthe class; and (C) where no more than one (l) nude or semi-nude model is on the premises at any one tune. (e) It is a defense to prosecution under Sec. 2I-128(a) or Sec. 21-137 of this Ordinance 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. Sec. 21-146_ IN.IUNCTIVE RELIEF. A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of Sec. 21-137 of this Ordinance is subject to a suit for injunction as well as prosecution for criminal violations. Sec. 21-147. SEVERABILITY. If any section, subsection, clause, phrase or provision of this Ordinance, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unconstitutional, the remaining sections, subsections, clauses, phrases and provisions of this Ordinance, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Sec. 21-148 EXISTING SEXUALLY ORIENTED BUSINESSES (a) The owner or operator of a sexually oriented business that is in existence on the effective date of this Ordinance shall file an application within thirty (30) days from the effective date of this Ordinance. (b) The status quo of an existing sexually oriented business shall be maintained during the licensing procedure.