(a) An organization may be convicted of an offense under this chapter under any of the following circumstances:
(1) The offense is a minor misdemeanor committed by an officer, agent, or employee of the organization acting in its behalf and within the scope of the officer's, agent's, or employee's office or employment.
(2) If, acting with the kind of culpability otherwise required for the commission of the offense, its commission was authorized, requested, commanded, tolerated, or performed by the board of directors, trustees, partners, or by a high managerial officer, agent, or employee acting in behalf of the organization and within the scope of such a board's or person's office or employment.
(b) As used in this section, "organization" means a corporation for profit or not for profit, partnership, limited partnership, joint venture, unincorporated nonprofit association, estate, trust, or other commercial or legal entity. "Organization" does not include an entity organized as or by a governmental agency for the execution of a governmental program.
(c) An officer, agent, or employee of an organization, and the responsible person may be prosecuted for an offense committed by such organization, if he or she acts with the kind of culpability required for the commission of the offense, and any of the following apply:
(1) In the name of the organization or in its behalf, he or she engages in conduct constituting the offense, or causes another to engage in such conduct, or tolerates such conduct when it is of a type for which he or she has direct responsibility;
(2) He or she has primary responsibility to discharge a duty imposed on the organization by law, and such duty is not discharged.
(d) When a person is convicted of an offense by reason of this section, he or she is subject to the same penalty as if he or she had acted in his or her own behalf. Regardless of the other penalties provided in this chapter, an organization convicted of an offense pursuant to this chapter shall be fined subject to a fine by the court for a minor misdemeanor not more than one thousand dollars ($1,000) per day per offense.
(e) This section does not prevent the imposition of available civil sanctions against an organization convicted of an offense pursuant to this chapter, either in addition to or in lieu of a fine imposed pursuant to this section.
(Ord. 19-02. Passed 2-18-19.)