Any person or commercial establishment violating any of the provisions of this division shall be deemed guilty of a misdemeanor, and such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this division is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine as provided in section 1.01.009 of this code; provided [that, if a penalty is provided] for the same or a similar offense under the laws of the state, then the maximum penalty for violation as provided by state statute shall be the maximum penalty under this code.
(2000 Code, sec. 12-23)