This chapter does not impose strict liability. Unless a culpable mental state is otherwise specified herein, a showing of a knowing or reckless mental state is necessary to establish a violation of a provision of this chapter. Notwithstanding anything to the contrary, for the purpose of this chapter, an act by an employee that constitutes grounds for suspension or revocation of that employee’s license shall be imputed to the sexually-oriented business licensee for the purpose of finding a violation of this chapter, or for purpose of license denial, suspension or revocation, only if an officer, director or general partner, or a person who managed, supervised or controlled the operation of the business premises, knowingly or recklessly allowed such act to occur on the premises. It shall be a defense to liability that the person to whom liability was imputed was powerless to prevent the act.
(Ord. 226, passed 11-24-2005)