(A) Any person who operates or causes to be operated a sexually oriented business subject to this chapter, without having a valid permit due to location restrictions, is subject to a suit for injunction as well as prosecution for the criminal violation. The violation shall be punishable by a fine of $1,000 and/or 30-day imprisonment, and if any injunction must be sought, attorneys fees and costs will be assessed at the discretion of the court against the sexually oriented business.
(B) (1) In addition to whatever penalties are applicable under the State of Indiana Penal Code, if any person fails or refuses to obey or comply with or violates any of the provisions of this chapter, the person, upon conviction of the offense, shall be guilty of an infraction and shall be punished by a fine not to exceed $2,000 in the discretion of the court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense.
(2) Nothing herein contained shall prevent or restrict the town from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. The other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.
(3) All remedies and penalties provided for in this section shall be cumulative and independently available to the town, and the town shall be authorized to pursue any and all remedies set forth in this section to the full extent allowed by law.
(Ord. 1999-6, passed 5-24-99)