Chapter 5.04 COMMERCIAL BUSINESS LICENCES
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))