A.
The
director is authorized and empowered to adopt such rules and policies
as the director may deem reasonably necessary to carry out the purposes
of this chapter, subject to the review of the city council.
B.
The
director and his or her deputies, and all enforcement officers and
police officers shall have and exercise the power:
1.
To
cite or make arrests for the violation of any of the provisions of
this title.
2.
To
enter, free of charge, at any time the business is open, any place
of business for which a license is required by this title, and to
demand the display of such license for the current term by any person
engaged or employed in the transaction of such business; and if such
person shall then and there fail to exhibit such license, such person
shall be liable for any penalties authorized under this title.
3.
To
enter, free of charge, at anytime, any place of business for which
a license is required by this title to inspect, examine, photograph,
videotape, or audiotape all or any part of the business to obtain
any evidence needed to verify compliance with any part of this title.
C.
Criminal Prosecution. A violation of this chapter is punishable under Section 1.20.010 of this code, or any successor legislation.
D.
Public
Nuisance. Any business that is established, operated, conducted, managed,
or maintained contrary to this title is a public nuisance, and the
city declares that such conduct is a public nuisance.
E.
Civil
Enforcement by City Attorney.
1.
In
addition to, or in place of, prosecuting a criminal action under this
chapter, the city attorney may take any one or more lawful steps,
including, but not limited to, commencing one or more civil actions,
or administrative proceedings, or both, in the manner the law provides,
to:
2.
The
prevailing party may recover attorney's fees and costs in any judicial
action, or administrative proceeding, or both, for the city's exercising
one or more remedies under this section.
(Ord. 5972 § 5, 9-14-2021)
Any person conducting, maintaining or sponsoring any activity
for which a license under this title is required, who does not obtain
a license prior to commencing that activity, shall be subject to a
civil penalty equal to two times the applicable fee set by resolution
in addition to, and not in lieu of, any other penalties provided by
this code. This section shall not be construed so as to require the
issuance of a license.
(Ord. 5972 § 5, 9-14-2021)
The conviction and punishment of any person for transacting
any business or business activity without a license shall not excuse
or exempt such person from the payment of such license due or unpaid
at the time of such conviction, and nothing in this section shall
prevent a criminal prosecution for any violation of the provisions
of this title.
(Ord. 5972 § 5, 9-14-2021)
The conviction and punishment of any person for engaging in
any business or business activity without first obtaining a license
required by this title shall not relieve such person from paying the
license fee, including any penalty or interest, due and unpaid at
the time of such conviction, nor shall the payment of any license
fee prevent a criminal prosecution for violation of any provision
of this title. All remedies prescribed in this title are cumulative,
and the use of any one or more remedies by the city shall not bar
the use of any other remedy for the purpose of enforcing the provisions
of this title.
(Ord. 5972 § 5, 9-14-2021)
