535.99 PENALTY; EQUITABLE REMEDIES.
   (a)   Any person, business, or entity violating or refusing to comply with any provisions of this chapter, (except for violations of Section 535.03(f), (g) or (i)), shall be deemed guilty of a misdemeanor and shall be punished by a first degree misdemeanor with a penalty of up to six (6) months in jail and a fine of one thousand dollars ($1,000). 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) 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 Council 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 operating a sexually oriented business, a misdemeanor of the first degree.
   (d)   Notwithstanding subsection (a) hereof, Council may employ any remedy available at law or in equity to prevent or remedy a violation of any provision of this chapter.
(Ord. 10-15. Passed 4-1-10.)