Any person who commits any of the following violations of this chapter shall be subject to penalty as provided in § 113.99.These penalties are separate from and shall be administered separately from the points assessments and license-related penalties under §§ 113.36 and 113.37, regardless of the fact that the same factual circumstances may lead to a penalty under this section and § 113.99 and also affect the ability of the individual to continue to hold a license. The following shall be prosecutable violations of this chapter:
(A) To operate any establishment subject this chapter without the license required by this chapter;
(B) To operate any establishment subject this chapter at a location other than the location licensed under this chapter;
(C) To operate any establishment subject to this chapter while a license issued under this chapter is suspended or revoked;
(D) To submit a license application that contains untruthful statements;
(E) To fail to disclose accurately the names and backgrounds of any applicant, applicant's spouse, or partners, shareholders, members, officers or directors of any applicant under this chapter;
(F) To present sexually oriented entertainment in a place or manner inconsistent with the standards set forth in § 113.36(A)(13);
(G) To present motion pictures in a place or manner inconsistent with the standards set forth in § 113.36(A)(14);
(H) (1) For a licensee or licensed manager for a licensee to knowingly allow any of the following:
(a) Persons under the age of 18 inside the premises of a business defined as a sexually oriented media store or sex shop;
(b) Persons under the age of 21 inside the premises of a business with onsite sexually oriented entertainment;
(c) Gambling anywhere on the premises;
(d) Unlawful sale of controlled substances anywhere on the premises;
(e) Sexual activity on the premises; or
(f) Prostitution or the solicitation of prostitution on the premises.
(2) For purposes of this division (H), if an employee of licensee or an entertainer on the premises of the licensee is directly involved in the prohibited activity, the licensee shall be presumed to have knowingly allowed the prohibited activity. If a prohibited activity occurs repeatedly under similar circumstances or involving the same persons, the licensee shall be presumed to have knowingly allowed the prohibited activity; the licensee shall have the burden of disproving such presumptions.
(Ord. 451.11, passed 1-25-05) Penalty, see § 113.99