A. Any person,
firm, corporation, agent or employee thereof who violates any of the
provisions of this ordinance shall be guilty of a Class C misdemeanor,
and upon conviction thereof shall be fined an amount not to exceed
Two Thousand Dollars and No Cents ($2,000.00) for each offense, as
provided by Section 54.001 of the Local Government Code, except that
any person, firm, corporation, agent or employee thereof who violates
a provision of this ordinance related to licenses, permits or inspections
as set forth in Division Two of this ordinance shall be guilty of
a Class A misdemeanor.
B. Each day
that a violation is permitted to exist shall constitute a separate
offense.
C. The refusal
to issue a permit based on ineligibility shall not prohibit the imposition
of a criminal penalty and the imposition of a criminal penalty shall
not prevent the refusal to issue a permit based on ineligibility.
D. The revocation
or suspension of a permit shall not prohibit the imposition of a criminal
penalty and the imposition of a criminal penalty shall not prevent
the revocation or suspension of a permit.
(Ordinance 1844, 3-24-09)
The City shall send to a Sexually Oriented Business written notice of each citation issued to an operator or employee of the business for an alleged violation of Sections
18-120,
18-121, 18-123, or any provision of Division 5 of this Chapter. The notice will be sent within three (3) business days of the issuance of the citation to the operator or employee. The notice will be sent by certified mail, return receipt requested, to the business address of the Sexually Oriented Business as it appears on its license application, to the attention of the licensee, as it appears on the license application. A failure of the City to provide such notice is not a violation of this Chapter. It is not a defense to a citation issued to an employee or operator for an alleged violation of Sections 120, 18-121, 18-123, or any provision of Division 5 of this Chapter, that notice of the issuance of that citation was not given to the Sexually Oriented Business in accordance with this Section.
(Ordinance 1844, 3-24-09)