§ 111.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)   (1)   Any person who violates § 111.17(A)(1) shall be guilty of a third degree misdemeanor for a first offense, and a second degree misdemeanor for a second offense.

      (2)   A violation of § 111.17(A)(2) shall be a ground for the suspension of a sexually oriented business license as provided for in § 111.23.

   (C)   (1)   Any person, business, or entity violating or refusing to comply with any provisions of §§ 111.40 through 111.42 (except for violations of § 111.41(F), (G), or (I)), shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by a first degree misdemeanor with a penalty of up to six months in jail and a fine of $1,000. Each day that a violation is permitted to exist or occur, and each separate occurrence, shall constitute a separate offense. Further, any premises in which a sexually oriented business, as defined in § 111.03, is repeatedly operated or maintained in violation of the provisions of this subchapter shall constitute a public nuisance and shall be subject to civil abatement proceedings initiated by Council in a court of competent jurisdiction. Each day that a violation is permitted to exist or occur shall constitute a separate operation or maintenance of the violation.

      (2)   Whoever violates § 111.41(F) or (G) shall be guilty of illegal sexually oriented activity in a sexually oriented business. If the offender touches a specified anatomical area of the patron or employee, or the clothing covering a specified anatomical area, a violation of § 111.41(F) or (G) is a misdemeanor of the first degree. If the offender does not touch a specified anatomical area of the patron or employee, or the clothing covering a specified anatomical area, a violation of § 111.41(F) or (G) is a misdemeanor of the fourth degree.

      (3)   Whoever violates § 111.42(I) is guilty of illegally operating a sexually oriented business, a misdemeanor of the first degree.

      (4)   Notwithstanding division (B)(1) above, Council may employ any remedy available at law or in equity to prevent or remedy a violation of any provision of §§ 111.40 through 111.42.

(Ord. 60-2010, passed 3-15-2010; Ord. 61-2010, passed 3-15-2010)