(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.)