(a) Any person, firm, corporation, partnership, or association violating any provision of this chapter or failing to obey any lawful order or failing to obey any lawful order issued pursuant to its terms shall be fined not more than $100.00. Each day during which such violation continues may be deemed a separate offense.
(b) An organization may be convicted of a violation of a provision of 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 his office or employment, except that if the section defining the offense designates the officers, agents or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, such provision shall apply.
(2) A purpose to impose organizational liability plainly appears in the section defining the offense, and the offense is committed by an officer, agent or employee of the organization acting in its behalf and within the scope of his office or employment, except that if the section defining the offense designates the officers, agents or employees for whose conduct the organization is accountable or the circumstances under which it is accountable, such provisions shall apply.
(3) The offense consists of an omission to discharge a specific duty imposed by law on the organization.
(4) 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 his office or employment.
(c) Regardless of the penalties provided in subsection (a) hereof, an organization convicted of a violation or a provision of this chapter shall be fined, which fine shall be fixed by the court as follows:
Type of Misdemeanor | Maximum Fine |
First degree | $5,000.00 |
Second degree | $4,000.00 |
Third degree | $3,000.00 |
Fourth degree | $2,000.00 |
Minor | $1,000.00 |