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Louisville-Jefferson County Overview
Louisville-Jefferson County Metro Government
LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 111.45 SCIENTER NECESSARY TO PROVE LIABILITY.
   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.
(Lou. Metro Ord. No. 21-2004, approved 3-1-2004) Penalty, see § 111.99
§ 111.46 FAILURE OF OFFICIAL TO MEET TIME FRAME NOT TO RISK APPLICANT OR LICENSEE RIGHTS.
   In the event that a government official is required to take an act or do a thing pursuant to this chapter within a prescribed time, and fails to take such act or do such thing within the time prescribed, said failure shall not prevent the exercise of constitutional rights of an applicant or licensee. If the act required of the official under this chapter, but not completed in the time prescribed, includes approval of condition(s) necessary for approval by the Metro Government of an applicant or licensee's application for an adult entertainment establishment license or an adult entertainment establishment employee license (including a renewal), the applicant or licensee shall be deemed to have satisfied the condition(s) for which approval was sought.
(Lou. Metro Ord. No. 21-2004, approved 3-1-2004) Penalty, see § 111.99
§ 111.98 SEVERABILITY.
   Each section and provision of this chapter is hereby declared to be independent sections and provisions and, not withstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of said chapter, or the application thereof to any person or circumstance, is held to be invalid, the remaining sections or provisions and the application of such sections or provisions to any person or circumstances other than those to which it is held invalid, shall not be affected thereby, and it is hereby declared that such sections and provisions would have been passed independently of such section or provision so known to be invalid. Additionally, should any license procedure in this chapter be deemed invalid, the substantive regulations and restrictions contained herein shall not be affected thereby.
(1994 Jeff. Code, § 10.07) (Jeff. Ord. 36-1994, adopted and effective 12-20-1994; Lou. Metro Ord. No. 50-2003, approved 4-1-2003; Lou. Metro Am. Ord. No. 21-2004, approved 3-1-2004)
§ 111.99 PENALTY.
   (A)   Any person who violates any provision of this chapter shall be subject to a civil penalty of not less than $100 nor more than $1,000 as imposed by the Director. Each day that a violation continues after notice has been served shall be deemed a separate offense. Any person cited pursuant to this subsection (A) and assessed a civil penalty shall have the right to appeal such penalty to the Hearing Officer in accordance with Ordinance No. 229-2003.
   (B)   Notwithstanding subsection (A) above, any person who violates any provision of this chapter or who knowingly provides false information in an attempt to gain or maintain a license, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $250 nor more than $500 or imprisonment not to exceed 90 days, or both, for each offense. Any person cited hereunder for a failure to meet a requirement hereof may be cited again for said failure one or more days after a prior citation and in such case each citation shall constitute a separate offense.
   (C)   In addition to the penalties provided herein for violations of this chapter, the Director is authorized to pursue remedial civil actions for violations of this chapter by civil complaint or petition for injunctive relief, declaration of rights or other appropriate proceedings filed in the Jefferson County, Kentucky Circuit Court.
(1994 Jeff. Code, § 111.99) (Jeff. Ord. 24-1987, adopted and effective 9-22-1987; Jeff. Am. Ord. 7-1998, adopted and effective 4-1-1998; Lou. Metro Ord. No. 50-2003, approved 4-1-2003; Lou. Metro Am. Ord. No. 21-2004, approved 3-1-2004)