§ 150.223. Exemptions.

(a)

The licensing provisions of this Chapter shall not apply to:

(1)

A bona fide art class where:

(A)

Such class is sponsored by an accredited school, museum or university; and

(B)

The teacher or instructor is in the class at anytime there is exposure or display of specified anatomical parts by a model; and

(C)

No person, other than a model, is permitted to expose or display his or her specified anatomical parts; or

(2)

A private studio where the artist or photographer has an occupational license to engage in his or her profession at that location; or

(3)

An auditorium where specified anatomical parts are displayed or exposed by performers during a theatrical performance; provided, that such exposure or display is incidental to the performance; or

(4)

Any performance produced by an organization registered as a not-for-profit corporation pursuant to Section 501(c)(3) of the United States Internal Revenue Code.

(b)

Notwithstanding any ordinance or Ordinance Code provision to the contrary, in the event the exemption created in subsection (a)(1), (2), (3) or (4) of this Section is held or declared invalid or unconstitutional, in whole or in part, or if one of such exemptions is held to create an invalidity or unconstitutionality in any other Section or provision of this Chapter, then the entire exemption is void and invalid and no person shall be entitled to such exemption.

(c)

In the event that the exception created in subsection (a)(3) of this Section is declared void, invalid or unconstitutional, then the licensing provisions of this Chapter shall not apply to an auditorium where specified anatomical parts are displayed or exposed by performers during a theatrical performance. Notwithstanding any ordinance or ordinance code provision to the contrary, in the event the exemption created in this subsection (c) of this Section is held or declared invalid or unconstitutional, in whole or part, or if such exemption is held to create an invalidity or unconstitutionality in other Section or provision of this Chapter, then the entire exemption is void and invalid, and no person shall be entitled to such exemption.

(Ord. 94-190-651, § 1; Ord. 95-307-109, § 7)