San Marcos |
Code of Ordinances |
SubPart A. GENERAL ORDINANCES |
Chapter 18. BUSINESSES |
Article 6. ADULT ORIENTED BUSINESSES |
Division 1. GENERALLY |
§ 18.243. Enforcement.
(a)
A person who violates any provision of this article regarding an adult oriented business is subject to prosecution under V.T.C.A., Local Government Code ch. 243.
(b)
It is a defense to prosecution under subsection 18.252(d) or section 18.253 that a person appearing in a state of nudity did so in a modeling class operated:
(1)
By proprietary school licensed by the state; a college, junior college or university supported entirely or partly by taxation;
(2)
By a private college or university that 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.
That has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;
b.
Where, in order to participate in a class, a student must enroll at least 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. 2010-27, § 2, 5-18-10)