§ 117.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

    (B)   (1)   Violations of § 117.01 through 117.06 of this code shall be punishable by fine of up to $1,500 for each offense. Complaints alleging violations of §§ 117.01 through 117.06 of this code may be filed in the Owen District Court and prosecuted as all other municipal ordinance violations. Each day of each violation shall constitute a separate offense.

      (2)   Violations of § 117.01 through 117.06 of this code shall constitute grounds for administrative action by the city’s administrating officer. Appropriate actions by the administrating officer upon the determination of a violation shall include a warning and probationary period in which the violation is corrected, a license suspension or license revocation. Suspensions may be satisfied by the payment of a fine of $50 per day. The action of the administrating officer shall be commensurate with the seriousness of the violation. Upon a finding of a subsequent material violation, the license may be suspended for such time as is commensurate with the seriousness of the offenses or, if previously suspended, revoked. Subsequent suspensions may be satisfied by the payment of a fine of $50 per day for no more than one-half of the suspension.

      (3)   Penalty for failure to file a return and pay remittance by due date(s) is 12% and a $50 fine for the first offense, $100 fine for the second offense and a $200 fine for a third offense.

   (C)   (1)   Consistent with the provisions of § 117.20 through 117.23 of this code, the Mayor, or his or her designee, is charged with primary responsibility for enforcement.

      (2)   Penalties for violation of § 117.20 through 117.23 of this code shall be assessed against the person or entity holding a license for the sale of alcoholic beverage under § 117.20 through 117.23 of this code. The individual employee shall not be civilly or criminally liable for violations of § 117.20 through 117.23 of this code. The penalties assessed against the licensee for violations are as follows:

         (a)   For the first violation, a fine not exceeding $50;

         (b)   For subsequent violations, within a two-year period, a fine not exceeding $500 and suspension of the licensee’s city liquor license for not less than, three days nor more than 30 days. The licensee may redeem the days of that suspension for the payment of $500 each; and

         (c)   Each day of each violation shall constitute a separate violation.

(Ord. 747, passed 3-3-2015; Ord. 748, passed 3-3-2015; Ord. 772, passed 5-12-2022; Ord. 783, passed 8-17-2023; Ord. 784, passed 8-17-2023)