Sec. 150.107. - Exceptions from definitions.

(a) An adult entertainment establishment shall not include an auditorium where specified anatomical parts are displayed or exposed by performers during a theatrical performance; provided that the exposure or display or specified anatomical parts is incidental to the performance. Notwithstanding any ordinance or ordinance code provision to the contrary, in the event the exception created in this subsection (a) of this Section is held or declared invalid or unconstitutional, in whole or part, or if such exception is held to create an invalidity or unconstitutionality in other Section or provision of this Chapter, then the entire exception is void and invalid, and no person shall be entitled to such exception. (b) In the event that the exception created in subsection (a) of this Section is declared void, invalid, or unconstitutional, then an adult entertainment establishment shall not include 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 exception created in this subsection (b) of this Section is held or declared invalid or unconstitutional, in whole or part, or if such exception is held to create an invalidity or unconstitutionality in other Section nor provision of this Chapter, then the entire exception is void and invalid, and no person shall be entitled to such exception. (Ord. 95-307-109, § 28) Editor's note— Section 2 of Ord. 95-307-109, repealed former § 150.107, relative to judicial review, and § 28 of said ordinance enacted a new § 150.107 to read as herein set out. The provisions of former § 150.107 derived from Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; and Ord. 94-190-651, § 1.