(a) Whoever violates Section 850.04 is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both, for each offense.
(c) Whoever violates Section 850.17 is guilty of a misdemeanor of the first degree.
(d) Except as otherwise provided, whoever violates Section 850.19(a), or whoever operates a sexually oriented business and knowingly permits a violation of Section 850.19(a) on the premises, is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hunded fifty dollars ($250.00) or imprisoned not more than thirty days, or both, for each offense. If the offender previously has been convicted of or pleaded guilty to one violation of Section 850.19(a), a violation of Section 850.19(a) will be considered a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to two violations of Section 850.19(a), a violation of Section 850.19(a) will be considered a misdemeanor of the second degree. The person shall be fined not more than seven hundred fifty dollars ($750.00) or imprisoned not more than ninety days, or both, for each offense. If the offender previously has been convicted of or pleaded guilty to three or more violations of Section 850.19(a), a violation of Section 850.19(a) will be considered a misdemeanor of the first degree.
(e) Whoever operates a sexually oriented business and knowingly permits a violation of Section 850.19(f) on the premises is guilty of a misdemeanor of the first degree.
(f) Whoever operates a sexually oriented business in violation of Section 850.19(b), (d) or (e) is guilty of a misdemeanor of the fourth degree.
(g) Any operator of a sexually oriented business or his or her agent or employee who recklessly violates, or operates a sexually oriented business in violation of Section 850.19(c) is guilty of a misdemeanor of the second degree. Mistake of age is not a defense to a charge under Section 850.19(c), unless the person under age eighteen who was permitted on the premises exhibited to the operator or his or her agent or employee a draft card, driver's license, birth record, or other official or apparently official document purporting to show that the person was eighteen years of age or over, and the person to whom that document was exhibited did not otherwise have reasonable cause to believe that the person seeking admittance was under eighteen years old.
(h) Each day that a sexually oriented business or adult motel operates in violation of this chapter is a separate offense or violation.
(Ord. 115-98. Passed 9-23-98.)