(a) Any Retail Establishment that violates Section 5802 may be liable for damages in a civil action brought by any person that has been harmed by the Retail Establishment’s operation in violation of Section 5802. Such damages shall be in addition to any other rights and remedies that may be available to the person bringing a civil action under this Section 5808.
(b) No person may commence an action under Section 5808(a) without first providing written notice to the City Attorney of their intent to commence an action against a Retail Establishment. The person must deliver the written notice to the City Attorney at least 60 days prior to commencing the action. Notwithstanding Section 5808(a) and the foregoing sentences of this Section 5808(b), no person may commence an action against a Retail Establishment under Section 5808(a) if the City Attorney has already commenced an action against that Retail Establishment and the City Attorney’s action is ongoing, regardless of whether at the time of commencing such action there has been delivery of such notice, or, if there has been delivery of such notice, whether the City Attorney’s action has commenced before, on, or after the 60th day following delivery of such notice.
(c) This Article 58 shall not create any private right of action against the City.