§ 860.17. Scienter required to prove violation or business licensee liability.
Latest version.
This chapter does not impose strict liability. Unless a culpable mental state is otherwise
specified herein, a showing of a reckless mental state is necessary to establish a
violation of a provision of this chapter. Notwithstanding anything to the contrary,
for the purposes 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 purposes of finding a violation of this chapter, or
for purposes 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 is
imputed was powerless to prevent the act.
(
Ord. No. 2015-08, § 1, 4-28-15
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