(a) Any person, business, or entity violating or refusing to comply Section 535.03 (a), (b), (c ), (d), (e), or (h) shall, upon conviction, be deemed guilty of a misdemeanor of the first degree. Each day that a violation is permitted to exist or occur, and each separate occurrence, shall constitute a separate offense. Further, any premises in which a sexually oriented business, as defined in Section 535.02(k) of this Chapter, is repeatedly operated or maintained in violation of the provisions of this Chapter shall constitute a public nuisance and shall be subject to civil abatement proceedings initiated by the City in a court of competent jurisdiction. Each day that a violation is permitted to exist or occur shall constitute a separate operation or maintenance of the violation.
(b) Whoever violates Section 535.03(f) or (g), shall be guilty of illegal sexually oriented activity in a sexually oriented business. If the offender touches a specified anatomical area of the patron or employee, or the clothing covering a specified anatomical area, a violation of Section 535.03(f) or (g) is a misdemeanor of the first degree. If the offender does not touch a specified anatomical area of the patron or employee, or the clothing covering a specified anatomical area, a violation of Section 535.03(f) or (g) is a misdemeanor of the fourth degree.
(c) Whoever violates Section 535.03(i) is guilty of illegally employing a sex offender, a misdemeanor of the first degree.
(d) Whoever violates Section 535.03(j) is guilty of illegally operating a sexually oriented business, a misdemeanor of the first degree.
(e) Notwithstanding Section 535.05, the City may employ any remedy available at law or in equity to prevent or remedy a violation of any provision of this Chapter.
(Ord. 10-157. Passed 7-6-10.)
(Ord. 10-157. Passed 7-6-10.)