604.99  PENALTY.
   (a)   (1)   A retail licensee, or a retail licensee's clerk, agent or employee who violates Section 604.05 is guilty of a misdemeanor and shall be punished by imprisonment for not more than 93 days or a fine of not more than five hundred dollars ($500.00) or both, except that if the violation is the result of an undercover operation in which the minor received alcoholic liquor under the direction of the State Police, the Commission or a local police agency as part of an enforcement action, the retail licensee's clerk, agent or employee is responsible for a civil infraction and may be ordered to pay a civil fine of not more than one hundred dollars ($100.00).
      (2)   A person who is not a retail licensee or a retail licensee's clerk, agent or employee and who violates Section 604.05 is guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) and imprisonment of not more than 60 days for a first offense, a fine of not more than five hundred dollars ($500.00) and imprisonment for not more than 90 days for a second or subsequent offense, and may be ordered to perform community service.
   (b)   Unless otherwise provided, a person who violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) and be imprisoned not more than 90 days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs.
(Ord. 01-03.  Passed 4-15-03.)