A. Any person violating any provision of this chapter shall be fined in accordance with the provisions set forth in section 1-1-5 of this Code except, however, that any violation of subsection 8-38-4B, D or E of this article shall be a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00) per day for each day an offense occurs.
B. It shall be an affirmative defense for an employee or massage therapist that the employee or massage therapist was under duress or was coerced into violating any provision of this article. A victim of trafficking in persons pursuant to applicable State or Federal law shall not be deemed criminally liable for any violation of this article committed as a direct result of, or incident related to, being trafficked. Where such affirmative defense is applicable to an employee or massage therapist, such affirmative defense shall not apply to the licensee if the licensee participated in creating such coercion or duress, or knew or should have known of the existence of such coercion or duress. (Ord. 18-382, 7-9-2018)