This subchapter does not impose strict liability. Unless a culpable mental state is otherwise specified herein, a showing of a knowing or reckless mental state is necessary to establish a violation of a provision of § 114.22. Notwithstanding anything to the contrary, for the purposes of § 114.22, an act by an employee shall be imputed to the sexually oriented business for purposes of finding a violation of § 114.22 only if an officer, director, general partner or licensee, or a person who managed, supervised, or controlled the operation of the business premises, knowingly or recklessly allowed such act to occur on the premises. It shall be a defense to liability that the person to whom liability is imputed was powerless to prevent the act.
(Ord. 11-2010, passed 6-8-10)