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• <br />(2) It is the duty of the owners and operator of the premises to ensure that at <br />least one employee is on duty and situated in each manager's station at all times <br />that any patron is present inside any part of the premises. <br />(3) It shall be the duty of the owners and operator, and it shall also be the <br />duty of any agents and employees present in the premises, to ensure that the <br />view area specified in Subsection (1) remains unobstructed by any doors, walls, <br />merchandise, display racks or other materials at all times that any patron is <br />present in the premises and to ensure that no patron is permitted access to any <br />area of the establishment that does not have an unobstructed view from a <br />manager's station. <br />(4) The premises shall be equipped with overhead lighting fixtures of <br />sufficient intensity to illuminate every place in which patrons are permitted <br />access at an illumination of not less than one (1.0) foot candle as measured at <br />the floor level. <br />(5) It shall be the duty of the owners and operator, and it shall also be the <br />duty of any agents and employees present in the premises, to ensure that the <br />illumination described above is maintained at all times that any patron is present <br />in the premises. <br />(B) A person having a duty as provided in Subsections (1) through (5) of <br />Subsection (A) above commits an offense if he or she knowingly fails to fulfill that duty. <br />SECTION. 10. ENFORCEMENT <br />(A) Any person violating Section 5, upon conviction, is punishable by a fine <br />not to exceed Two Thousand Dollars ($2,000.00). <br />(B) Any person violating a provision of this Ordinance, other than Section 5, <br />upon conviction, is punishable by a fine not to exceed Five Hundred Dollars ($500.00). <br />(C) It is a defense to prosecution under Section 6 or 7 that the person <br />appearing in a state of nudity did so in a modeling class operated: <br />(1) by a proprietary school licensed by the State of Texas; <br />(2) by a college, junior college, or university supported entirely or partly by <br />taxation; <br />(3) by a private college or university which maintains and operates <br />educational programs in which credits are transferable to a college, junior <br />college, or university supported entirely or partly by taxation; or <br />0:\CLP\Ordinance\SOBs\Sexually Oriented Businesses Ordinance ~ ~ <br />Draft No. 3 <br />August Z0, 1996 <br />