535.99 PENALTY; EQUITABLE REMEDIES.
   (a)   Any person, business, or entity violating or refusing to comply with Section 535.03 (a), (b), (c), (d), (e), or (h) shall, upon conviction, be deemed guilty of a misdemeanor of the first degree. 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 Section 535.02 (aa), is repeatedly operated or maintained in violation of the provisions of this chapter shall constitute a public nuisance and shall be subject to civil abatement proceedings initiated by the City 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.
   (b)   Whoever violates Section 535.03 (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 Section 535.03 (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 Section 535.03 (f) or (g) is a misdemeanor of the fourth degree.
   (c)   Whoever violates Section 535.03 (i) is guilty of illegally operating a sexually oriented business, a misdemeanor of the first degree.
   (d)   Notwithstanding subsection (a) hereof, the City Council may employ any remedy available at law or in equity to prevent or remedy a violation of any provision of this chapter. (Ord. 77-10. Passed 9-13-10.)