244.33509 Imposition of civil penalty in lieu of criminal penalty for violation of certain ordinances concerning licensing or regulation of businesses.
1. A board of county commissioners may by ordinance provide for the imposition of a civil penalty in lieu of a criminal penalty for the violation of an ordinance enacted by the board concerning the licensing or regulation of businesses unless state law provides a criminal penalty for the same act or omission.
2. If a board of county commissioners adopts an ordinance providing for the imposition of a civil penalty in lieu of a criminal penalty as described in subsection 1, the board shall:
(a) Determine violations and levy civil penalties for those violations; or
(b) Delegate to a hearing officer or hearing board the authority to determine violations and levy civil penalties for those violations.
3. The amount of a civil penalty levied pursuant to subsection 2 must not exceed $1,000 for each violation.
4. As used in this section, an ordinance “concerning the licensing or regulation of businesses” includes, without limitation, an ordinance that:
(a) Prescribes the criteria that must be satisfied before the business may be licensed in the county or its license may be renewed in the county;
(b) Sets forth the licensing fee that must be paid before the business may be licensed in the county or its license may be renewed in the county;
(c) Describes the practices, transactions or acts in which a business licensed in the county may engage;
(d) Describes the practices, transactions or acts in which a business licensed in the county is prohibited from engaging; or
(e) Prohibits the operation within the county of a business that is:
(1) Unlicensed; or
(2) Not licensed to engage in the particular activities in which it is engaging.
244.33509 Imposition of civil penalty in lieu of criminal penalty for violation of certain ordinances concerning licensing or regulation of businesses.
1. A board of county commissioners may by ordinance provide for the imposition of a civil penalty in lieu of a criminal penalty for the violation of an ordinance enacted by the board concerning the licensing or regulation of businesses unless state law provides a criminal penalty for the same act or omission.
2. If a board of county commissioners adopts an ordinance providing for the imposition of a civil penalty in lieu of a criminal penalty as described in subsection 1, the board shall:
(a) Determine violations and levy civil penalties for those violations; or
(b) Delegate to a hearing officer or hearing board the authority to determine violations and levy civil penalties for those violations.
3. The amount of a civil penalty levied pursuant to subsection 2 must not exceed $1,000 for each violation.
4. As used in this section, an ordinance “concerning the licensing or regulation of businesses” includes, without limitation, an ordinance that:
(a) Prescribes the criteria that must be satisfied before the business may be licensed in the county or its license may be renewed in the county;
(b) Sets forth the licensing fee that must be paid before the business may be licensed in the county or its license may be renewed in the county;
(c) Describes the practices, transactions or acts in which a business licensed in the county may engage;
(d) Describes the practices, transactions or acts in which a business licensed in the county is prohibited from engaging; or
(e) Prohibits the operation within the county of a business that is:
(1) Unlicensed; or
(2) Not licensed to engage in the particular activities in which it is engaging.
244.33509 Imposition of civil penalty in lieu of criminal penalty for violation of certain ordinances concerning licensing or regulation of businesses.
1. A board of county commissioners may by ordinance provide for the imposition of a civil penalty in lieu of a criminal penalty for the violation of an ordinance enacted by the board concerning the licensing or regulation of businesses unless state law provides a criminal penalty for the same act or omission.
2. If a board of county commissioners adopts an ordinance providing for the imposition of a civil penalty in lieu of a criminal penalty as described in subsection 1, the board shall:
(a) Determine violations and levy civil penalties for those violations; or
(b) Delegate to a hearing officer or hearing board the authority to determine violations and levy civil penalties for those violations.
3. The amount of a civil penalty levied pursuant to subsection 2 must not exceed $1,000 for each violation.
4. As used in this section, an ordinance “concerning the licensing or regulation of businesses” includes, without limitation, an ordinance that:
(a) Prescribes the criteria that must be satisfied before the business may be licensed in the county or its license may be renewed in the county;
(b) Sets forth the licensing fee that must be paid before the business may be licensed in the county or its license may be renewed in the county;
(c) Describes the practices, transactions or acts in which a business licensed in the county may engage;
(d) Describes the practices, transactions or acts in which a business licensed in the county is prohibited from engaging; or
(e) Prohibits the operation within the county of a business that is:
(1) Unlicensed; or
(2) Not licensed to engage in the particular activities in which it is engaging.
