(A) A person who operates or causes to be operated a sexually-oriented business subject to this chapter without having a valid permit due to location restrictions, is subject to a suit for injunction as well as prosecution for the criminal violation. Such violation shall be punishable by a fine as set by the Board and/or Council from time to time and/or 30 days imprisonment, and if any injunction must be sought, attorneys fees and costs will be assessed at the discretion of the court against the sexually-oriented business.
(B) A violation of § 112.50 is an infraction punishable by a fine as set by the Board and/or Council from time to time for each day that the violator is found to be in violation.
(C) In addition to whatever penalties are applicable under the State Penal Code, if any person fails or refuses to obey or comply with or violates any of the provisions of this chapter, such person upon conviction of such offense, shall be guilty of an infraction and shall be punished by a fine as set by the Board and/or Council from time to time, in the discretion of the court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense.
(1) Nothing herein contained shall prevent or restrict the issuing authority from talking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.
(2) All remedies and penalties provided for in division (C) of this section shall be cumulative and independently available to the issuing authority and the issuing authority shall be authorized to pursue any and all remedies set forth in division (C) of this section to the full extent allowed by law.
(Ord. 99-04, passed - - )