(A) Each day any violation of any provision of this chapter continues shall constitute a separate offense, except when the violation is from a bona fide error that occurred; provided that, the licensee maintains procedures reasonable adopted to avoid the occurrence of bona fide errors.
(B) A violation of this chapter that is not a bona fide error, whether or not specifically designated as being unlawful, shall be a Class 1 misdemeanor and upon conviction shall be punished as provided in § 10.99 of this code of ordinances.
(C) For the purposes of this section, BONA FIDE ERROR includes clerical, calculation, computer malfunction, programming and printing errors and other similar errors.
(D) A licensee or designated agent who does not comply with a request by a law enforcement agency to inspect an automated kiosk pursuant to § 112.04(C) of this chapter, or who refuses to return to law enforcement a consumer electronic device that is identified as stolen or involved in the perpetration of a crime pursuant to § 112.04(D) of this chapter shall be issued a notice stating that the licensee or designated agent shall comply with the request by the law enforcement agency within five calendar days of receipt of the notice.
(E) The notice shall include a description of the violation, the statutory or code reference, how the licensee can comply with the requirements, a description of how a hearing may be requested, the time limit for requesting a hearing and a warning that failure to timely request a hearing may result in revocation of the license.
(F) (1) A licensee or designated agent receiving a notice under this section may request a hearing pursuant to § 112.06 of this chapter. If the licensee fails to comply with the requirements under division (A) above by the date provided in the notice, the town’s Police Department may:
(a) Disable the automated kiosks by removing the automated kiosks from the power source and placing a notice on the machines that the kiosk is not operational; and
(b) Revoke the license pursuant to § 112.02(L) of this chapter.
(2) The licensee is responsible for the cost incurred by law enforcement to disable the automated kiosks in accordance with this division (F) and any fines or fees assessed by the court.
(G) Once an automated kiosk is disabled, the town shall issue a notice to the licensee or its designated agent by certified mail that describes the action taken pursuant to this section. The notice shall include a description of the violation, the statutory or code reference, a description of how a hearing may be requested and the time limit for requesting a hearing. A person receiving the notice under this division (G) may request a hearing pursuant to § 112.06 of this chapter. If a licensee or designated agent fails to request a hearing, the automated kiosks shall remain disabled.
(H) The town’s Police Department shall take every reasonable precaution in the event the town finds it necessary to disable the automated kiosks and the town shall incur no liability by such action.
(Ord. 18-07, passed 7-10-2018)