Any operator of an adult theater or an adult bookstore who knowingly violates or permits to be violated any provision of this Article shall be guilty of an infraction or a misdemeanor.
(a) If charged as an infraction the penalty shall be as follows:
(1) Upon a first conviction thereof, such person shall be punished by a fine not to be less than $50 nor to exceed $500;
(2) Upon a second conviction thereof, such person shall be punished by a fine not to be less than $250 nor to exceed $500;
(3) Upon a third conviction thereof, such person shall be punished by a fine not to be less than $400 nor to exceed $500;
(b) If charged as a misdemeanor the penalty, upon conviction of such person, shall be by imprisonment in the County Jail for a period not to exceed six months or by a fine not exceeding $1,000, or by both such fine and imprisonment;
(c) The complaint charging such violation shall specify whether the violation charged is a misdemeanor or an infraction.
(Amended by Ord. 99-85, App. 2/25/85)