This Chapter does not impose strict liability. Unless a culpable mental state is otherwise specified herein, a showing of a reckless mental state is necessary to establish a violation of a provision of Section 535.03. Notwithstanding anything to the contrary, for the purposes of Section 535.03, an act by an employee shall be imputed to the sexually oriented business for purposes of finding a violation of this Section 535.03 only if an officer, director, general partner or licensee, or a person who managed, supervised, or controlled the operation of the business premises, knowingly or recklessly allowed such act to occur on the premises. It shall be a defense to liability that the person to whom liability is imputed was powerless to prevent the act.
(Ord. 10-157. Passed 7-6-10.)
(Ord. 10-157. Passed 7-6-10.)