Section 5.04.630 Violation--Penalty.

    A.    Suit for Injunction. An entity or individual who operated or causes a sexually oriented business to be operated without a valid license, or who employs or is employed as an employee of a sexually oriented business, or who operates such a business or functions as such an employee in violation of the provisions of this article is subject to a suit for injunction in addition to the civil and criminal violations provided in this chapter and any other remedy available at law or in equity.
    B.    Civil Penalty. In addition to revocation or suspension of a license as provided in this article each violation of this article shall, upon citation by the License Director, require the licensee to pay a civil penalty established by resolution. Such fines shall be deducted from the cost bond posted pursuant to this article, unless paid within ten (10) days of notice of the fine or final determination after any appeal.
    C.    Misdemeanor Offense. In addition to civil fines provided in this article, the violation of any provision of this chapter shall be a Class B misdemeanor and subject the violator to the penalty provisions as provided in Article K of this chapter. Each day a violation exists shall be considered a separate offense.
    D.    Employee Violations. Every act or omission by an employee constituting a violation of the provisions of this article shall be deemed the act of omission of the sexually oriented business licensee and/or operator. If such act or omission occurs either with the authorization, knowledge or approval of the licensee and/or operator, or as a result of the licensees’  and/or operator’ s negligent failure to supervise the conduct of the employee, the sexually oriented business licensee shall be punishable for such act or omission in the same manner as if the licensee committed the act or caused the omission.
    E.    Responsibility for Conduct. A sexually oriented business licensee and/or operator shall be responsible for the conduct of all employees while on the licensed premises and any act or omission of any employee constituting a violation of the provisions of this article shall be deemed the act or omission of the licensee and/or operator for the purposes of determining whether the licensee’ s license shall be revoked, suspended or renewed. (Ord. 4-2000 Art. X(AA))