(A) Any person owning or managing a place of public accommodation must activate closed captioning, with a yellow text color, or if yellow is not available white text on a black background, or black text in the largest font style available, on all closed-captioned television receivers that are turned on and operating in any public area during regular hours, except in the following circumstances:
(1) No receiver of televised or streamed programming of any kind is available in a public area of the place of public accommodations;
(2) The only source or receiver of the televised or streamed programming available in a public area of the place of public accommodation is technically incapable of displaying closed captioning; or
(3) If multiple television models are in use and displayed together for sale in a public area, at least one closed-captioned television must be available for viewing.
(B) Powers and duties of the Department.
(1) The Department shall investigate alleged violations of this section and shall have such powers and duties as are necessary and proper for the administration and enforcement of this ordinance.
(2) The Department shall promulgate rules to enforce this section.
(3) Any person having been found to have violated any provision of this section who fails to demonstrate compliance within 30 days of a notice of such violation shall be assessed a civil penalty of up to $250 for the initial offense, and $500 for each subsequent offense.
(C) Exclusions.
(1) This section shall not be interpreted or applied to diminish or conflict with any requirements of state or federal law. In the event of any conflict, state and federal requirements shall supersede the requirements of this section.
(2) This section does not apply to programming that is exempt from closed captioning requirements under state or federal law.