This chapter does not impose strict liability for violations of its provisions. Where any provision or offense herein fails to state a necessary level of culpability to establish a violation or liability, the offense shall be established upon a showing that the person acted knowingly or recklessly with regard to the predicate act. Notwithstanding anything to the contrary, for the purposes of this chapter, an act by an employee shall be imputed to the adult entertainment licensee for the purpose of establishing a violation of this chapter, or for purposes of license denial, modification, or revocation only if a licensee allowed, either knowingly or by reckless failure to supervise, a violation of this chapter to occur. It shall be a defense to liability that the adult entertainment establishment licensee was powerless to prevent the violation.
(Ord. 23-2011, passed 11-21-2011)