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§ 122.43 SCIENTER NECESSARY TO PROVE LIABILITY.
   This chapter does not impose strict liability for violations of its provisions. Where any provision or offense herein fails to state a necessary level of culpability to establish a violation or liability, the offence shall be established upon a showing, that the person acted knowingly or recklessly with regard to the predicate act. Notwithstanding anything to the contrary, for the purposes of this chapter, an act by an employee shall be imputed to the adult entertainment licensee for the purpose of establishing a violation of this chapter, or for purposes of license denial, modification, or revocation only if a licensee allowed, either knowingly or by reckless failure to supervise, a violation of this chapter to occur. It shall be a defense to liability that the adult entertainment establishment licensee was powerless to prevent the violation.
(Ord. 2005-0-009, passed 5-9-05)
§ 122.44 FAILURE OF OFFICIAL TO MEET TIME FRAME NOT TO RISK APPLICANT/ LICENSEE RIGHTS.
   In the event that a government official is required to take an act or do a thing pursuant to this chapter within a prescribed time, and fails to take such act or do such thing within the time prescribed, this failure shall not prevent the exercise of constitutional rights of an applicant or licensee. If the act required of the official under this chapter, but not completed in the time prescribed, includes approval of condition(s) necessary for approval by the City of Pikeville of an applicant or licensee’s application for an adult entertainment establishment license or an adult entertainment establishment employee license (including a renewal), the applicant or licensee shall be deemed to have satisfied the condition(s) for which approval was sought.
(Ord. 2005-0-009, passed 5-9-05)
§ 122.99 PENALTY.
   (A)   Any person who violates any provision of this chapter shall be subject to a civil penalty of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) as imposed by the Codes Enforcement Officer. Each day that a violation continues after notice has been served shall be deemed a separate offense. Any person cited pursuant to this division (A) and assessed a civil penalty shall have the right to appeal such penalty to the Hearing Officer.
   (B)   Notwithstanding division (A) above, any person who violates any provision of this chapter or who knowingly provides false information in an attempt to gain or maintain a license, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than two hundred fifty ($250.00) nor more than five hundred ($500.00) or imprisonment not to exceed ninety (90) days, or both, for each offense. Any person cited hereunder for a failure to meet a requirement hereof may be cited again for the failure one (1) or more days after a prior citation and in such case each citation shall constitute a separate offense.
   (C)   In addition to the penalties provided herein for violations of this chapter, the Codes Enforcement Officer is authorized to pursue remedial civil actions for violations of this chapter by civil complaint or petition for injunctive relief declaration of rights or other appropriate proceedings filed in the Pike County, Kentucky Circuit Court.
(Ord. 2005-0-009, passed 5-9-05)