CHAPTER 4:  LICENSES, TAXATION AND
MISCELLANEOUS BUSINESS REGULATIONS
Section
Article I.  In General
   4-1   Selling goods on public property
   4-2   Solicitor’s permit required
   4-3   Wine, fortified wine, and mixed beverages on Sunday mornings
   4-4  – 4-10   Reserved
Article II.  Privilege License Tax
   4-11   Definitions
   4-12   Levy generally
   4-13   Continuing authority of Board of Aldermen
   4-14   Collecting official
   4-15   Required
   4-16   Exemptions
   4-17   Multiple businesses
   4-18   Separate places of business
   4-19   Application – Generally
   4-20   Same – False statements
   4-21   Investigations
   4-22   Issuance conditional
   4-23   Form and contents
   4-24   Copy to be filed
   4-25   Effect of discontinuance of business
   4-26   Refunds
   4-27   Duration
   4-28   Change in place of business
   4-29   Transfer
   4-30   Display
   4-31   Injunctive relief
   4-32   Collection of unpaid tax
   4-33   Revocation
   4-34   Schedule of taxes
   4-35   Beach vendors
   4-36 – 4-39   Reserved
Article III.  Adult and Sexually Oriented Businesses
   4-40   Authority and jurisdiction
   4-41   Purpose
   4-42   Abrogation
   4-43   Definitions
   4-44   Scope and provisions of article
   4-45   Interpretation of terms and definitions
   4-46   Severability
   4-47   Enforcement
Statutory reference:
   Municipal authority to regulate business, trades and the like, see G.S. § 160A-194
   Soliciting on streets, see G.S. § 20-175
ARTICLE I.  IN GENERAL
§ 4-1  SELLING GOODS ON PUBLIC PROPERTY.
   (a)   It shall be unlawful for any person to expose for sale, offer to sell, barter or exchange or sell, barter or exchange any goods, wares or merchandise within the street and highway rights-of-way of the town, or on the ocean beaches of the town (except as specified in § 4-35, Beach Vendors), or on parking lots (and other areas open to the public) which are contiguous to the state highway and town street rights-of-way. Commercial sales shall be allowed in the town park building upon approval of the Town Manager and the Board of Aldermen. Said approval shall be in writing and signed by the Town Manager and the individual(s) or entities authorized to carry out said sales.
   (b)   No license issued pursuant to ordinance shall authorize or allow a commercial business activity prohibited by the town’s ordinances.
   (c)   Anyone violating this section shall be subject to a civil penalty of $500. No such civil penalty shall be assessed until the person alleged to be in violation has been notified of the violation. Each day of the continuing violation shall constitute a separate violation.
   (d)   This section shall not apply to the activities of any employee of the town within the scope of his or her employment or any department of the town acting within the scope of its responsibility, and this section shall not apply to any organization providing services pursuant to a written authorization with the town for public purposes that the town is authorized by law to provide.
   (e)   This section shall not apply to any town-approved festivals, charity events, art or cultural events, farmers’ market or any other similar event for which the town has issued a special event permit.
(Ord. 2010-2, passed 3-4-2010; Ord. 2014-2, passed 3-6-2014)
Statutory reference:
   Municipal authority to regulate peddlers, itinerant merchants and the like, see G.S. § 160A-178
   Penalties for ordinance violations, G.S. §§ 14-4, 160A-75
§ 4-2  SOLICITOR’S PERMIT REQUIRED.
   (a)   Solicitors shall write or come into the office of the Town Clerk to request permits.
   (b)   Any company/individual requesting a soliciting permit needs to provide the following:
      (1)   Credentials of the company or organization;
      (2)   Name and photo ID of each person coming into the area; and
      (3)   Length of time such person will be in the area.
   (c)   The soliciting permit shall be issued by the Town Clerk.
   (d)   Notification, with proper ID information, shall be provided to the Police Department.
   (e)   Each solicitor must carry an ID and a copy of the soliciting permit, to be provided to the police or town citizen upon request.
   (f)   Notification shall be given to the solicitor, that if a complaint is received against such organization or individual, that the soliciting permit may be revoked.
   (g)   There are no fees for a solicitor’s license, for those who only take orders. If they take orders and deliver goods on location, they are peddlers and are subject to a license fee as such.
   (h)   A complete file shall be kept on all solicitors requesting to come into the area.
(Ord. passed 5-7-1992)
§ 4-3  WINE, FORTIFIED WINE, AND MIXED BEVERAGES ON SUNDAY MORNINGS.
   The sale of malt beverages, unfortified wine, fortified wine and mixed beverages shall be allowed within the town’s corporate limits at any premises licensed pursuant to G.S. 18B-1001 on Sundays beginning at 10:00 a.m.
(Ord. 2017-8, passed 8-2-2017)
§ 4-4 – 4-10  RESERVED.
ARTICLE II.  PRIVILEGE LICENSE TAX
§ 4-11  DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AGENT.  The person having the agency for the manufacturer, producer or distributor.
   BEACH.  An area adjacent to the ocean extending landward from the mean low water line to a point where either the growth of vegetation occurs or a distinct change in slope or elevation alters the configuration of the landform, whichever is farther landward, or riparian owners have specifically and legally restricted access above the mean high water line. This definition is intended to describe those shorefront areas customarily freely used by the public.
   BUSINESS.  Any business, trade, occupation, profession, avocation or calling of any kind, subject by the provisions of this article to a license tax.
   ENGAGED or ENGAGING IN BUSINESS WITHIN THIS TOWN.  A person is ENGAGED IN BUSINESS WITHIN THE TOWN when he or she engages in business activity of any type, either as owner or operator of such business, by maintaining a business location within the town; by soliciting business within the town; or by picking up or delivering merchandise or performing services within the town.
   FISCAL YEAR.  The period beginning with the first day of July and ending with the thirtieth day of June next following.
   QUARTER.  Any three consecutive months beginning on January 1, April 1, July 1 or October 1.
(Ord. passed 3-15-1990; Ord. 2010-2, passed 3-4-2010)
§ 4-12  LEVY GENERALLY.
   In addition to the tax on property as otherwise provided for, and under the power and authority conferred in the laws of the state, there shall be levied and collected annually, or oftener where provided for, a privilege license tax on trades, professions, agencies, business operations, exhibitions, circuses, carnivals and all subjects authorized to be licensed, as set out in the sections and schedules of this article.
(Ord. passed 3-15-1990)
§ 4-13  CONTINUING AUTHORITY OF BOARD OF ALDERMEN.
   Nothing contained in the provisions of this article shall be construed to prevent the Board of Aldermen from imposing, from time to time as it may see fit, such license taxes as are not specifically defined or included in this article, or from increasing or decreasing the amount of any special license tax, or from prohibiting or regulating the businesses or acts licensed, when not in conflict with state or federal law.
(Ord. passed 3-15-1990)
§ 4-14  COLLECTING OFFICIAL.
   The Town Clerk is hereby designated as the proper town official to collect license taxes and to issue privilege licenses.
(Ord. passed 3-15-1990)
§ 4-15  REQUIRED.
   It shall be unlawful for any person or his or her agent or servant to engage in or carry on a business in the town for which there is required a license without first having paid the license tax and obtained the license. For the purpose of this section, the opening of a place of business, or offering to sell, followed by a single sale or the doing of any act or thing in furtherance of the business shall be construed to be engaging in or carrying on such business; and each day that such person shall engage in or carry on such business without a required license shall be construed to be a separate offense.
(Ord. passed 3-15-1990)  Penalty, see § 1-5
§ 4-16  EXEMPTIONS.
   (a)   Any person engaged in business within the town for religious, educational or charitable purposes shall be exempt from paying any privilege license tax levied by this article.
   (b)   Any blind person engaging in business within the town shall be exempt from paying any privilege license tax levied by this article, to the extent provided by G.S. § 105-164.13(20).
   (c)   Any person serving in any branch of the armed forces of the United States or in the merchant marine and desiring to engage in business within the town, shall be exempt from paying any privilege license tax levied by this article during the period of such service, to the extent provided by G.S. § 105-164.13(17).
   (d)   In addition to the above, certain businesses are exempted from privilege license taxes by state law. A list of such exempted businesses is on file in the office of the Town Clerk.
(Ord. passed 3-15-1990)
§ 4-17  MULTIPLE BUSINESSES.
   If a person is engaged in more than one business made subject to a license tax under this article, such person shall pay the license tax prescribed in the tax schedules of this article for each such business, even if the businesses are conducted at the same location.
(Ord. passed 3-15-1990)
§ 4-18  SEPARATE PLACES OF BUSINESS.
   (a)   Unless otherwise provided by state law or by the tax schedules of this article, if a person engages in a business in two or more separate places, a separate license tax shall be required for each such place of business.
   (b)   For purposes of this section, if a person engages in the same business at two or more locations within the town, the person is liable for only one license tax if the locations:
      (1)   Are contiguous;
      (2)   Communicate with and open directly into each other; and
      (3)   Are operated as a unit.
(Ord. passed 3-15-1990)
§ 4-19  APPLICATION – GENERALLY.
   (a)   Every person desiring to obtain a license for the privilege of engaging in a business within the town shall make application therefor in writing to the Town Clerk.
   (b)   The application, to be made on a form provided by the Town Clerk, shall contain all the following information:
      (1)   Name and nature of the business for which the license is sought;
      (2)   The address where the business is conducted and a mailing address for the business, if different. If the application is for a new business or for a new location of an existing business, the application shall be accompanied by a certificate of occupancy obtained from the Inspections Department certifying that the location meets all building code requirements for the intended use;
      (3)   The name and address of the person filling out the application, and his or her relationship to the business;
      (4)   The gross receipts of the business for the most recently completed tax year, if applicable; and
      (5)   Any other information which the Town Clerk determines to be necessary.
(Ord. passed 3-15-1990)
§ 4-20  SAME – FALSE STATEMENTS.
   Any person who willfully makes a false statement on a license application shall be guilty of a misdemeanor.
(Ord. passed 3-15-1990)  Penalty, see § 1-5
§ 4-21  INVESTIGATIONS.
   The Town Clerk shall make any investigation necessary to determine the tax liability of a person engaged in business within the town. If necessary, the Town Clerk is authorized to enter upon the premises of any such business during normal business hours for the purpose of determining whether this article has been complied with.
(Ord. passed 3-15-1990)
§ 4-22  ISSUANCE CONDITIONAL.
   All licenses provided for by this article are granted subject to the provisions of this code.
(Ord. passed 3-15-1990)
§ 4-23  FORM AND CONTENTS.
   Every license issued under the provisions of this article shall show on the face thereof the name of the licensee, the nature of the business, the location thereof, if it is to be operated at a fixed place, the time of which issued and the amount of license tax and penalty, if any, paid. Any license requiring the approval of the Board of Aldermen or of any officer of the town shall show such approval on its face; and it shall be the duty of the Town Clerk before issuing any such license to see that the required approval is properly endorsed on the application for the license.
(Ord. passed 3-15-1990)
§ 4-24  COPY TO BE FILED.
   The Town Clerk shall keep an exact copy of every license issued under the provisions of this article.
(Ord. passed 3-15-1990)
§ 4-25  EFFECT OF DISCONTINUANCE OF BUSINESS.
   No license tax shall be abated nor shall any refund or any part thereof be made in any case where the licensee discontinued his or her business before the end of the period for which such license was issued.
(Ord. passed 3-15-1990)
§ 4-26  REFUNDS.
   A taxpayer may obtain a release or refund of a tax if he or she can demonstrate to the satisfaction of the Board of Aldermen that the tax was illegal, levied for illegal purpose or imposed through clerical error. If the tax has been paid, the taxpayer’s request for a refund must be made within three years after the tax became due or within six months after the date of payment, whichever is later.
(Ord. passed 3-15-1990)
§ 4-27  DURATION.
   All taxes provided for and fixed in the following sections and schedules shall be for 12 months, unless otherwise specified, and shall so remain for each subsequent year to come until amended or changed by the Board of Aldermen. All of the licenses provided for in this article, except beer and wine, shall expire on June 30. Unless otherwise specifically provided, any licensee applying for and obtaining a license after January 1 shall be required to pay half of the annual tax prescribed.
(Ord. passed 3-15-1990)
§ 4-28  CHANGE IN PLACE OF BUSINESS.
   If a person who has obtained a license for a business taxed under this article desires to move from one business location to another within the town, the license which has been issued shall be valid for the remainder of the license year at this new location, and no additional tax need be paid. Within a reasonable time after the change in location, however, such person shall inform the Town Clerk of the change in address.
(Ord. passed 3-15-1990)
§ 4-29  TRANSFER.
   All licenses issued under the provisions of this article shall be a personal privilege and shall not be transferable.
(Ord. passed 3-15-1990)
§ 4-30  DISPLAY.
   Every license shall be kept prominently displayed at the place of business of the licensee named in the license; or, if the licensee has no fixed place of business, such license shall be kept the same wherever such business is being operated and where it can be inspected at any time by the proper municipal official.
(Ord. passed 3-15-1990)  Penalty, see § 1-5
§ 4-31  INJUNCTIVE RELIEF.
   The town may seek an injunction against any person engaging in business in violation of this article.
(Ord. passed 3-15-1990)
§ 4-32  COLLECTION OF UNPAID TAX.
   (a)   If a person begins or continues to engage in a business taxed under this article without payment of the required privilege license tax, the Town Clerk may use either of the following methods to collect the unpaid tax:
      (1)   The remedy of levy and sale or attachment and garnishment, in accordance with G.S. § 160A-207; or
      (2)   The remedy of levy and sale of real and personal property of the taxpayer in accordance with G.S. § 105-109(d).
   (b)   Any person who begins or continues to engage in a business taxed under this article without payment of such tax is liable for an additional tax of 5% of the original tax due for each 30 days or portion thereof that the tax is delinquent.
   (c)   The payment of any penalty or unpaid tax under the provisions of this section shall not bar or otherwise preclude the imposition of a fine or imprisonment for the violation of this article.
(Ord. passed 3-15-1990)
§ 4-33  REVOCATION.
   Any license issued under the provisions of this article may be revoked by the Board of Aldermen upon the finding by the Board that the licensee has willfully or persistently violated any section of this article or other ordinance of the town or laws of the state, or that the licensee is conducting his or her business or obtained his or her license hereunder in a fraudulent or unlawful manner, or is abusing the privileges granted by his or her license, or that the licensee has a criminal record from this or another state which would warrant the Board of Aldermen in finding that the licensee is undesirable. Any such licensee shall be entitled to a hearing upon reasonable notice before his or her license shall be revoked, and the findings of the Board of Aldermen as a result of such hearing shall be final and conclusive.
(Ord. passed 3-15-1990)
§ 4-34  SCHEDULE OF TAXES.
   The schedule of taxes is included in the annual budget of the town.
(Ord. passed 3-15-1990; Ord. passed 6-6-1992; Ord. 2010-2, passed 3-4-2010)
§ 4-35  BEACH VENDORS.
   The town shall allow beach vendors with strict limitations and conditions.
   (a)   The town shall limit the number of licenses to ten.
   (b)   Each licensee is permitted to operate up to five locations or sales/service stands or carts.
   (c)   Priority in allocating the licenses shall be given to licensees who demonstrate that they have sufficient means to comply with this chapter. Consideration will be given to licensees from prior years provided said prior licensees have not violated the provisions of this chapter; all remaining unallocated licenses will be awarded first come first served.
   (d)   Beach vendors may operate from April 1 to March 31, and from dawn to dusk every day of the week.
   (e)   Beach vendors may be mobile or stationary, and may operate on the beach, as defined; however, no stands, carts or merchandise, or any other equipment or supplies for a beach vendor will be left upon the beach overnight.
   (f)   Sales/service stands or carts, including merchandise to be sold or rented will be limited to 20 square feet of space occupied on the beach per license. Also, no sign may be more than six square feet, and no stand or cart may be more than eight feet in height. Beach vendor carts may display a maximum of two signs, not exceeding six square feet in area for each sign.
   (g)   No hawking, music, bells or noisemaking of any type to attract business will be allowed.
   (h)   No motorized conveyances will be allowed on the beach.
   (i)   No sales or rental of motorized vehicles, boats or other motorized devices will be allowed.
   (j)   No sales of alcoholic beverages, tobacco products, fireworks, firearms, ammunition or products requiring an ABC license or Health Department license will be allowed. Also, no open flames are allowed.
   (k)   Beach vendors shall be required to carry liability insurance with a minimum coverage of $1,000,000.
(Ord. 2010-2, passed 3-4-2010; Ord. 2014-3, passed 5-1-2014)  Penalty, see § 1-5
§ 4-36 – 4-39  RESERVED.
ARTICLE III.  ADULT AND SEXUALLY ORIENTED BUSINESSES
§ 4-40  AUTHORITY AND JURISDICTION.
   The provisions of this article are adopted by the town under the authority granted by the General Assembly of the state, in G.S. §§ 160A-174 and 160A-181. From and after the effective date hereof, this article shall apply to every building, lot, tract or parcel of land within the town limits and its extraterritorial jurisdiction.
(Ord. passed 4-1-1993)
§ 4-41  PURPOSE.
   For the purpose of promoting the health, safety, morals and general welfare of the citizenry of the town, this article is adopted by the town to regulate adult and sexually oriented businesses, as hereby defined, located in the town. Further, the regulations of this article have been made with reasonable consideration among other things, as to the character of the town and its areas and their peculiar suitability for these businesses.
(Ord. passed 4-1-1993)
§ 4-42  ABROGATION.
   These regulations shall not repeal, impair, abrogate or interfere with any existing easements, covenants, deed restrictions, setback requirements, rules, definitions, regulations previously adopted pursuant to law in an established zoning district in the town. However, where these regulations impose greater restrictions, the provisions of these regulations shall govern.
(Ord. passed 4-1-1993)
§ 4-43  DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADULT ARCADE.  An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines for viewing by five or fewer persons each are used to show films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas (as defined hereinafter).
   ADULT BOOKSTORE.  An establishment that has a substantial portion (over 25% of total retail space) of its stock-in-trade and offers for rent or sale, for any consideration, any one or more of the following:
      (1)   Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, slides or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
      (2)   Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.
   ADULT BUSINESS.  Any business activity, club or other establishment which permits its employees, members, patrons or guests on its premises to exhibit any specified anatomical areas before any other person or persons.
   ADULT MOTION PICTURE THEATER.  An establishment where, for any forms of consideration, films, motion pictures, video cassettes, slides or other similar photographic reproductions are shown, and in which a substantial portion (25%) of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
   ADULT THEATER.  A theater, concert hall, auditorium or similar establishment characterized by activities featuring the exposure of specified anatomical areas or by specified sexual activities.
   MASSAGE.  Any manipulation of body muscle or tissue by rubbing, stroking, kneading or tapping, by hand or mechanical device, except by a licensed physician or certified and state licensed therapist.
   MASSAGE BUSINESS.  Any establishment or business wherein massage is practiced, including establishments commonly known as health clubs, physical culture studios, massage studios or massage parlors.
   SEXUALLY ORIENTED BUSINESS.  Any business activity, club or other establishment, within which the exhibition, showing, rental or sale of materials distinguished or characterized by an emphasis on material depicting, describing or exhibiting specified anatomical areas or relating to specified sexual activities is permitted. SEXUALLY ORIENTED BUSINESSES shall include, but are not limited to: adult arcades, adult bookstores, adult motion picture theaters, adult theaters, massage parlors and/or adult video rental/sale stores as defined by this article.
   SPECIFIED ANATOMICAL AREAS.  Less than completely and opaquely covered human genitals, pubic regions, buttocks and female breasts below a point immediately above the top of the areola.
   SPECIFIED SEXUAL ACTIVITIES.
      (1)   Human genitals in a state of sexual stimulation or arousal;
      (2)   Acts of human masturbation, sexual intercourse, sodomy; or
      (3)   Fondling or other erotic touchings of human genitals, pubic regions, buttocks or female breasts.
   TOTAL RETAIL SPACE.  Any space within the structure that is used for the direct sale of merchandise to the public and storage areas for those items.
(Ord. passed 4-1-1993)
§ 4-44  SCOPE AND PROVISIONS OF ARTICLE.
   (a)   Adult business.
      (1)   An ADULT BUSINESS as defined in § 4-43.
      (2)   No adult business shall be permitted in any building:
         a.   Located within 1,000 feet in any direction from a building used as a residence or dwelling;
         b.   Located within 1,000 feet in any direction from a building in which an adult business or a sexually oriented business is located;
         c.   Located within 1,000 feet in any direction from a building used as a church, synagogue  or other house of worship;
         d.   Located within 1,000 feet in any direction from a building used as a public school or as a state licensed day care center; or
         e.   Located within 1,000 feet in any direction from any lot or parcel on which a public playground, public swimming pool or public park is located.
   (b)   Sexually oriented business.
      (1)   A SEXUALLY ORIENTED BUSINESS as defined in § 4-43.
      (2)   No sexually oriented business shall be permitted in any building:
         a.   Located within 1,000 feet in any direction from a building used as a residence or dwelling;
         b.   Located within 1,000 feet in any direction from a building in which an adult business or a sexually oriented business is located;
         c.   Located within 1,000 feet in any direction from a building used as a church, synagogue or other house of worship;
         d.   Located within 1,000 feet in any direction from a building used as a public school or as a state licensed day care center; or
         e.   Located within 1,000 feet in any direction from any lot or parcel on which a public playground, public swimming pool or public park is located.
   (c)   Nonconforming adult business and sexually oriented adult business. Any adult business or sexually oriented business lawfully operating on April 1, 1993, that is in violation of this article shall be deemed a nonconforming use. Any use which is determined to be nonconforming by application of the provisions of this section shall be permitted to continue for a period not to exceed two years. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If a nonconforming use is discontinued for a period of 180 days or more, it may not be reestablished. If two or more adult businesses or sexually oriented adult businesses are within 1,000 feet of one another and otherwise in a permissible location the business which was first established and continually operating at its present location shall be considered the conforming use and the later established business(es) shall be considered nonconforming. An adult business or sexually oriented adult business lawfully operating as a conforming use shall not be rendered nonconforming by the subsequent location of a church, house of worship, day care center, school, playground, public swimming pool or public park within 1,000 feet of the adult business or sexually oriented business.
(Ord. passed 4-1-1993)  Penalty, see § 4-47
§ 4-45  INTERPRETATION OF TERMS AND DEFINITIONS.
   (a)   Words used in the present tense include the future tense.
   (b)   Words used in the singular number include the plural and words used in the plural include the singular.
   (c)   The word “person” includes an owner, firm, joint venture, association, organization, partnership, corporation, trust and company, as well as an individual.
   (d)   The word “owner” when applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by entirety of the whole or part of such building or land.
   (e)   The word “lot” includes the words “plot” or “parcel.”
   (f)   The word “building” includes the word “structure.”
   (g)   The word “shall” is always mandatory and not merely directory.
   (h)   The words “located,” “used,” or “occupied” as applied to any land or building shall be construed to include the words “intended, arranged or designed to be located, used or occupied.”
   (i)   The word “residence” shall mean the place adopted by a person as his or her place of habitation and to which, whenever he or she is absent, he or she has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed his or her residence.
(Ord. passed 4-1-1993)
§ 4-46  SEVERABILITY.
   It is hereby declared to be the intention of the Board of Aldermen that the sections, paragraphs, sentences, clauses and phrases of this article are severable, and if any phrase, clause, sentence, paragraph or section of this article is declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this article, since the same would have been enacted by the town without the incorporation of this article of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section.
(Ord. passed 4-1-1993)
§ 4-47  ENFORCEMENT.
   (a)   Any person who violates this article shall be guilty of a misdemeanor and, upon conviction, may be fined not more than $500 or imprisoned for not more than six months.
   (b)   This article may be enforced against any person who is in violation by an appropriate equitable remedy issuing from a court of competent jurisdiction.
   (c)   This article may be enforced against any person who is in violation by injunction and order of abatement as provided for by law.
   (d)   Each day’s continuing violation of this article by any person is a separate and distinct offense.
   (e)   As used herein, PERSON shall include:
      (1)   The agent in charge of the building, premises, structures or facility;
      (2)   The owner of the building, premises, structure or facility when such owner knew or reasonably should have known the nature of the business located therein;
      (3)   The owner of the business; and/or
      (4)   The manager of the business.
(Ord. passed 4-1-1993)