§ 791.3.

PENALTY-MISDEMEANOR OR INFRACTION

Any operator of an adult theater or an adult bookstore who knowingly violates or permits to be violated any provision of this Article shall be guilty of an infraction or a misdemeanor.

a.

If charged as an infraction the penalty shall be as follows:

1.

Upon a first conviction thereof, such person shall be punished by a fine not to be less than $50 nor to exceed $500;

2.

Upon a second conviction thereof, such person shall be punished by a fine not to be less than $250 nor to exceed $500;

3.

Upon a third conviction thereof, such person shall be punished by a fine not to be less than $400 nor to exceed $500;

b.

If charged as a misdemeanor the penalty, upon conviction of such person, shall be by imprisonment in the County Jail for a period not to exceed six months or by a fine not exceeding $1,000, or by both such fine and imprisonment;

c.

The complaint charging such violation shall specify whether the violation charged is a misdemeanor or an infraction.

History

(Amended by Ord. 99-85, App. 2/25/85)

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