As used in this article, unless the context otherwise requires, the following words or phrases shall have the meaning and be defined as provided in this Article.
(a) “Adult Entertainment” means any live exhibition, performance, display, or dance of any type, including but not limited to talking, singing, reading, listening, posing, serving food or beverages, soliciting for the sale of food, beverages or entertainment, pantomiming, modeling, removal of clothing or any service offered for amusement on a premises where such exhibition, performance, display, or dance is intended to arouse or excite the sexual desires of the entertainer or other entertainers or patrons, or if the entertainment involves a person who is nude or in such attire, costume, or clothing as to expose to view any portion of the human genitals, pubic region, vulva, pubic hair, buttocks, anus, female breast or breasts below a point immediately above the top of the areola or nipple or the human male genitals in a discernible erect state, even if completely and opaquely covered.
(b) “Adult Entertainment Business” means any premises to which the public, patrons, or members are invited or admitted and wherein an entertainer provides adult entertainment to a member of the membership organization, and including but not limited to business establishments identified as an adult arcade, adult bookstore, adult video store, adult cabaret, adult motion picture theater, adult theater, escort agency, juice bar, nude modeling studio, sexual encounter center, massage parlor, or similar or like business establishments, as classified and defined by City Ordinance of Louisburg, Kansas.
(c) “Employee” means any and all persons, including managers, servers, entertainers and independent contractors, who work in or at or render any services directly related to, the operation of an adult entertainment business or establishment.
(d) “Entertainer” means any person who provides adult entertainment within an adult entertainment business or establishment as defined in this Article, whether or not a fee is charged or accepted for entertainment.
(e) “Manager” means any person who manages, directs, administers, or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment business or establishment.
(f) “Operator” means any person operating, conducting, or maintaining an adult entertainment business.
(g) “Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.
(h) “Public Place” means any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and automobiles whether moving or not.
(i) “Server” means any person who serves food or drink at an adult entertainment business.
(j) “Specified Anatomical Areas” mean (1) uncovered or exposed human genitals, pubic region, or pubic hair; or buttock; or female breast or breasts below a point immediately above the top of the areola or nipple; or any combination of the foregoing, or (2) human male genitals in a discernible erect state, even if completely and opaquely covered.
(k) “Specified Sexual Activities” mean sexual conduct, being actual or simulated, acts of human masturbation; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification, with a person’s clothed or unclothed genitals, pubic area, buttocks, or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent object in an act of apparent sexual stimulation or gratification.
(Code 2020)
(a) It shall be unlawful for any person to operate or maintain an adult entertainment business in the City of Louisburg, Miami County, Kansas unless the owner, operator, or lessee thereof has obtained an adult entertainment business license from the City, and it shall be unlawful for any person to operate such business after such license has been revoked or suspended by the City.
(b) It shall be unlawful for any entertainer, employee, or manager to knowingly perform any work, service, or entertainment directly related to the operation of an unlicensed adult entertainment business within the City of Louisburg, Miami County, Kansas.
(c) It shall be prima facia evidence that any adult entertainment business that fails to have posted, in the manner required by this article, an adult entertainment business license, has not obtained such a license. In addition, it shall be prima facia evidence that any entertainer, employee, or manager who performs any service or entertainment in an adult entertainment business in which an adult entertainment license is not posted, in the manner required by this article, has knowledge that such business was not licensed.
(Code 2020)
It is unlawful for any person to work as an entertainer, server, or manager at an adult entertainment business without first obtaining a license to do so from the City, or to work as an entertainer, server, or manager at an adult entertainment business after such person’s license to do so has been revoked or suspended.
(Code 2020)
(a) The license term for all fees required under this article shall be for a period of 12 months commencing on the date of issuance of the license. The application for a license shall be accompanied by payment in full of the fees stated in this section payable by certified or cashier’s check or money order; and no application shall be considered complete until all such fees are paid.
(b) All licenses shall be issued for a specific location and type and shall be non- refundable and non-transferable.
(c) The classification of licenses and fees for each shall be as follows:
(1) Adult entertainment business license fee is $250.00 per year;
(2) Adult entertainment manager’s license fee is $100.00 per year;
(3) Adult entertainer’s license fee is $100.00 per year;
(4) Adult entertainment server’s license fee is $50.00 per year.
(d) In addition to the specified license fee, each individual applicant shall be responsible to pay in full, by certified or cashier’s check or money order, the fee chargeable by appropriate law enforcement agencies to process the fingerprint card or other investigative costs. The Chief of Police shall prepare and make available a schedule of such charges and shall direct the manner of and payee for any such charges.
(Code 2020)
(a) All persons desiring to secure a license to operate an adult entertainment business under the provisions of this article shall make a verified application with the City Clerk. All applications shall be submitted in the name of the person proposing to conduct or operate the adult entertainment business. All applications shall be submitted on a form supplied by the City Clerk and shall require the following information:
(1) The applicant’s full name and any aliases or other names by which the applicant is known or which the applicant has used at any time, and the current and previous residence addresses for the past two years, the telephone number, occupation, date, and place of birth and social security number of the applicant.
(2) The name of the adult entertainment business, a description of the adult entertainment to be performed on the licensed premises, the name of the owner of the premises where the adult entertainment business will be located, and a legal description or business address of the adult entertainment business.
(3) The names, residence addresses, social security numbers and dates of births of all partners, if the applicant is a partnership; and if the applicant is a corporation, the same information for all corporate officers and directors and stockholders who own more than 10% or greater interest in the corporation.
(4) The addresses of the applicant or of all partners, or official corporate officers and directors for the five years immediately prior to the date of application.
(5) A statement from the applicant, or from all partners, or from all corporate officers and directors whether any such person or entity, in previously operating in this or another city, county or state, has had a business license of any type revoked or suspended, and if so, the reason for the suspension or revocation and the business activity subjected to the suspension or revocation.
(6) A statement of the business, occupation or employment of the applicant, or of all partners, or of all corporate officers and directors for the three years immediately preceding the date of the application.
(7) A statement from the applicant, or from each partner, or from each corporate officer and director, that each person has not been convicted of, released from confinement for conviction of, or diverted from prosecution on:
(A) a felony criminal act within five years immediately preceding the application, or
(B) a misdemeanor criminal act within two years immediately preceding the application, where such felony or misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the Kansas Criminal Code, or involved controlled substances or illegal drugs or narcotics offenses as defined in the Kansas Controlled Substances Act or other statutes or ordinances, or any other comparable violation of the laws of this state or the laws of any other state. The statement shall also indicate that the applicant, each partner or each corporate officer and director has not been convicted of a municipal ordinance violation or diverted from prosecution on a municipal ordinance violation, within two years immediately preceding the application where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution or sale of controlled substances or illegal drugs or narcotics.
(8) Fingerprints and photographs shall be taken by the Louisburg Police of the applicants or of all partners if applicant is a partnership, or all corporate officers and directors if the applicant is a corporation, and the City of Louisburg Police Department shall process and retain the copies.
(9) If the applicant is a corporation, a current certificate of registration issued by the Kansas Secretary of State.
(10) A statement signed under oath that the applicant has personal knowledge of the information contained in the application and that the information contained herein is true and correct and that the applicant has read the provisions of this article regulating adult entertainment businesses.
Failure to provide the information and documentation required by this subsection shall constitute an incomplete application which shall not be processed.
(Code 2020)
(a) All persons desiring to secure a license under the provisions of this article to be an adult entertainment manager, server or entertainer shall make a verified application with the City Clerk. All applications shall be submitted in the name of the person proposing to be an adult entertainment manager, server or entertainer. All applications shall be submitted on a form supplied by the City Clerk, shall require the taking of fingerprints and photographs by the Louisburg Police Department and shall require the following information:
(1) The applicant’s full name and any aliases or other names by which the applicant is known or which the applicant has used at any time, and the current and previous residence addresses for the past two years, the telephone number, date and place of birth, social security number, and any stage names or nicknames used in entertaining.
(2) The name and address of each adult entertainment business where the applicant intends to work as a manager, server or entertainer, and an “intent to hire” statement from an adult entertainment business that is licensed, or that has applied for a license, under the provisions of this article, indicating the adult entertainment business intends to hire the applicant to manage, serve or entertain on the premises.
(3) A statement from the applicant that the applicant has not been convicted of, released from confinement for conviction of, or diverted from prosecution on:
(A) a felony criminal act within five years immediately preceding the application,
(B) a misdemeanor criminal act within two years immediately preceding the application, where such felony or misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child pornography or related offenses as defined in the Kansas Criminal Code, or involved controlled substances or illegal drugs or narcotics offenses as defined in the Kansas Controlled Substances Act or other statutes or ordinances, or any other comparable violation of the laws of this state or the laws of any other state.
The statement shall also indicate that the applicant has not been convicted of a municipal ordinance violation or diverted from prosecution on a municipal ordinance violation, within two years immediately preceding the application where such municipal ordinance violations involved sexual offenses, indecent exposure, prostitution, or sale of controlled substances or illegal drugs or narcotics.
(4) Fingerprints and photographs shall be taken by the City of Louisburg Police Department of the applicant and the Louisburg Police Department shall process and retain the copies.
(5) The applicant shall present to the City Clerk for copying documentation that the applicant has attained the age of 18 years at the time the application is submitted. Any of the following shall be accepted as documentation of age:
(A) A motor vehicle operator’s license issued by any state, bearing the applicant’s photograph and date of birth;
(B) A state-issued identification card bearing the applicant’s photograph and date of birth.
(C) An official and valid passport issued by the United States of America.
(D) An immigration card issued by the United States of America.
(E) Any other form of picture identification issued by a governmental entity that is deemed reliable by the City Clerk or
(F) Any other form of identification deemed reliable by the City Clerk.
Failure to provide the information required by this subsection shall constitute an incomplete application and shall not be processed.
(Code 2020)
Upon receipt of a complete application for an adult entertainment business or for an adult entertainment manager, server or entertainer license, the City Clerk shall immediately transmit one copy of the application to the Building and Zoning Department and public officer for investigation of the application. In addition, the City Clerk shall transmit a copy of the application to the City of Louisburg Police Department. It shall be the duty of the Louisburg Police Department to investigate such application to determine whether the information contained in the application is accurate and whether the applicant is qualified to be issued the license. The Louisburg Police Department shall report the results of the investigation, excluding appropriately restricted criminal history record information date, together with a recommendation that the applicant does or does not meet eligibility criteria, to the City Clerk no later than thirty working days from the date the application is received by the City of Louisburg Police Department. It shall be the duty of the Building and Zoning Department and public officer to determine whether the structure where the adult entertainment business will be conducted complies with the requirements and meets the standards of the applicable health, zoning, building code, fire and property maintenance codes of the City. The Building and Zoning Department and public officer shall report the results of the investigation to the City Clerk no later than ten working days from the date the application is received by the City. Upon receipt of the reports, the City Clerk shall schedule the application for consideration by the Governing Body of the City of Louisburg at the earliest meeting consistent with all policy and legal requirements. Any license application for an adult entertainment business or for an adult entertainment business manager, server, or entertainer license shall be approved or disapproved within 45 days from the date of filing of a completed application with the clerk’s office. The applicant shall be notified in writing of the date when the City will consider the application.
(Code 2020)
If the applicant for an adult entertainment business or an adult entertainment business manager, server, or entertainer is in proper form and accompanied by the appropriate license fee, the Governing Body shall examine the application and if the applicant is qualified, the City shall approve a license as provided in this article; provided that a license shall not be approved to any person who is found to be ineligible to hold such license pursuant to section 5-206.
(a) The minutes of the meeting of the Governing Body of the City of Louisburg shall record the action taken on the application, and if the license is granted, the City Clerk shall issue the proper license. The license shall state that: the license is not transferable to other persons; the license is valid only for the location identified on the license; the license is restricted to the type and purpose designated on the license; and the license is valid for a period of 12 months from date of issuance, as specified on the face of the license. A license for an adult entertainment business manager, entertainer, or server shall also display the current photograph of the license holder. The license shall be kept posted in a conspicuous place in the place of business that is licensed or where the licensee is working.
(b) If an application for a license is disapproved, the applicant shall be immediately notified by registered or certified mail sent to the applicant’s last known address, and the notification shall state the basis for such disapproval.
(Code 2020)
No person shall be eligible to receive or hold nor shall a license be issued to:
(a) An adult entertainment business applicant if one or more of the following conditions exist.
(1) The premises is located within 1000 feet of a school, church, or licensed child care center. Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the applicant’s enterprise to the nearest point on the property line of such school, church, or licensed child care center.
(2) The applicant’s premises is located within 1000 feet of any other adult entertainment enterprise for which there is a license issued. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the applicant’s enterprise to the nearest point on the property line of such other adult entertainment business;
(3) The applicant failed to supply all of the information requested on the application.
(4) The applicant gave materially false, fraudulent or untruthful information on the application;
(5) The applicant’s proposed business premises does not comply with or meet the requirements of the applicable health, zoning, building code, fire and property maintenance codes of the City; provided however, that upon a showing that the premises meets the requirements and that the applicant is otherwise qualified, the applicant shall be eligible for reconsideration by the Governing Body of the City of Louisburg.
(6) The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes set forth in section 5-205 during the time period specified in those sections.
(7) The applicant has had an adult entertainment license revoked or suspended in this or any other County or City during the past five years.
(b) An applicant for an adult entertainment manager, server or entertainer if one or more of the following conditions exist:
(1) The employer for whom the applicant intends to work does not have or is ineligible to receive an adult entertainment business license for any of the reasons stated in subsection (a) above;
(2) The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes set forth in section 5-205 during the time period specified in that section;
(3) The applicant failed to provide all of the information required on the application;
(4) The applicant gave materially false, fraudulent, or untruthful information on the application;
(5) The applicant has had an adult entertainment manager, server, or entertainer license revoked or suspended in this or any other County or City during the past five years.
(Code 2020)
The following standards of conduct shall be adhered to by all adult entertainment business licensees, their employees and all adult entertainment business managers, servers, and entertainers and patrons of adult entertainment businesses, while on or about the premises of the business:
(a) Age Restriction. Only persons 18 years of age or older shall be permitted on premises of any adult entertainment business.
(b) Exterior Observation. The premises of all adult entertainment businesses will be so constructed as to include an anteroom foyer, partition, or other physical barrier on all customer entrances, that will ensure that the interior of the premises is not observable from the exterior of the building. In addition, all windows shall be covered to prevent viewing of the interior of the building from the outside and all doorways not constructed with an anteroom or foyer shall be covered so as to prevent observation of the interior of the premises from the exterior of the building.
(c) Exterior Display. No adult entertainment business will be conducted in any manner that permits the observation of live performers engaged in an erotic depiction or dance or any material or persons depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”, as defined in this article, from any exterior source by display, decoration, sign, show window, or other opening.
(Code 2020)
(a) No employee, server or entertainer, nor any customer or patron shall perform any specified sexual activities as defined in this article, wear or use any device or covering exposed to view which simulates any specified anatomical area, use artificial devices or inanimate objects to perform or depict any of the specified sexual activities as defined in this article, or participate in any act of prostitution.
(b) No employee, server, entertainer or patron of an adult entertainment business shall knowingly touch, fondle or caress any specified anatomical area of another person, or knowingly permit another person to touch, fondle or caress any specified anatomical area of such employee, server, entertainer or patron, whether such specified anatomical areas are clothed, unclothed, covered or exposed.
(c) No employee, server or entertainer of an adult entertainment business shall be visible from the exterior of the adult entertainment business while such person is unclothed or in such attire, costume or clothing as to expose to view any specified anatomical area.
(d) No owner, operator, manager or other person in charge of the premises of an adult entertainment premises shall;
(1) knowingly permit alcoholic liquor or cereal malt beverages to be brought upon or consumed on the premises.
(2) knowingly allow or permit the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the premises.
(3) knowingly allow or permit any person under the age of 18 years of age to be in or upon the premises,
(4) knowingly allow or permit any act of prostitution or patronizing prostitution on the premises, or
(5) knowingly allow or permit a violation of Ordinance, Code or any other City regulation, County regulation or State law.
(Code 2020)
No employee, server, customer, patron, or other person, other than an entertainer as provided in 5-213, shall appear in an adult entertainment business or establishment while nude, unclothed, in less than opaque attire, or otherwise in any fashion that exposes to view to any other person any specified anatomical area as defined in this article.
(Code 2020)
No entertainer, licensed, or subject to licensing under the provisions of this article, shall appear or perform in any adult entertainment business or establishment while nude, unclothed, in less than opaque attire or costume, or otherwise in any fashion that exposes to the view of any other person any of the specified anatomical areas, as defined in this article, except under the following conditions and restrictions:
(a) during the actual performance of an act, routine, dance, or similar entertainment display and the entertainer performs solely upon a stage, platform, or other area which is raised at least two feet above the primary level of the customer floor; and
(b) the entertainer is separated from the customers by a physical barrier which effectively prevents the customers from touching the entertainer and which establishes a minimum distance of three feet between any customer and the entertainer; and
(c) the entertainer does not perform at a spatial distance of less than three feet from any and all customers and patrons; and
(d) there is a sign conspicuously posted and clearly observable by the customers and patrons which states, “PATRONS ARE PROHIBITED FROM BEING UPON ANY PORTION OF THE STAGE OR ENTERTAINMENT AREA WHERE THE ENTERTAINER IS PERFORMING AND ARE PROHIBITED FROM TOUCHING THE ENTERTAINER IN ANY MANNER.”
Whenever the entertainer ceases to perform and leaves or is not upon stage or entertainment area, then he or she shall be subject to and fully comply with the prohibitions of Section I of this Article.
(Code 2020)
All adult entertainment business shall have conspicuously displayed in the common area at the principal entrance to the premises a sign, on which uppercase letters shall be at least two inches high and lowercase letters at least one inch high, which shall read as follows:
THE ADULT ENTERTAINMENT BUSINESS IS REGULATED AND LICENSED BY THE GOVERNING BODY OF THE CITY OF LOUISBURG. ENTERTAINERS ARE NOT PERMITTED TO:
(a) Engage in any type of sexual conduct or prostitution on the premises or to fondle, caress, or touch the breasts, pubic region, buttocks, or genitals of any employee, patron or other entertainer or to permit any employee, patron or other entertainer to fondle, caress or touch the breasts, pubic region, buttocks, or genitals of the entertainer.
(b) Be nude, unclothed, or in less than opaque attire, costume, or clothing so as to expose to view any portion of the breast below the top of the areola, or any portion of the pubic region, buttocks and or genitals, unless upon a stage at least two feet above the customer floor and a sufficient distance (i.e., at least three feet) from the customers to prevent the customer from touching the entertainers.
(c) Demand or collect any payment or gratuity from any customer for entertainment.
(d) Touch, caress, or fondle the breast, pubic region, buttocks, or genitals of any employee, server or entertainer or to engage in solicitation for prostitution.
(Code 2020)
The premises of all adult entertainment businesses shall be equipped with overhead lighting of sufficient intensity to illuminate every place to which customers are permitted to access at an illumination of not less than one foot-candle as measured at floor level, and such illumination must be maintained at all time when any customer or patron is present in or on the premises.
(Code 2020)
The premises of all adult entertainment businesses shall be physically arranged in such manner that the entire interior portion of any booths, cubicles, rooms, or stalls is visible from a common area of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes, or any other obstruction whatsoever.
(Code 2020)
The premises of all adult entertainment businesses shall be kept in a sanitary condition. Separate dressing rooms and restrooms for men and women shall at all times be maintained and kept in a sanitary condition.
(Code 2020)
No adult entertainment business may be open or in use between the hours of 12:00 midnight and 9:00 a.m. on any day other than a Sunday when the business may not be open between the hours of 12:00 midnight and 12:00 noon.
(Code 2020)
(a) Every person, corporation, partnership, or association licensed under this article as an adult entertainment business shall post such licenses in a conspicuous place and manner on the adult entertainment facility premises.
(b) Every person holding an adult entertainment server, manager, or entertainer license shall post his or her license in his or her work area on the adult entertainment facility premises so it shall be readily available for inspection by City authorities responsible for enforcement of this article.
(Code 2020)
(a) An adult entertainment manager shall be on duty at an adult entertainment business at all times the premises is open for business. The name of the manager on duty shall be prominently posted during business hours.
(b) It shall be the responsibility of the manager to verify that any person who provides adult entertainment or works as a server within the premises possesses a current and valid adult entertainer’s license or an adult entertainment servers license and that such licenses are prominently posted.
(Code 2020)
All adult entertainment businesses shall permit representatives of the City of Louisburg Police Department or any other City official acting in their capacity to inspect the premises as necessary to ensure that the business is complying with all applicable regulations and laws.
(Code 2020)
Whenever the City Clerk has information that:
(a) The owner or operator of an adult entertainment business or a holder of an adult entertainment manager, server or entertainer license has violated, or knowingly allowed or permitted the violation of, any of the provisions of this article, or
(b) There have been recurrent violations of provisions of this article that have occurred under such circumstances that the owner or operator of an adult entertainment business knew or should have known that such violations were committed; or
(c) The adult entertainment business license or the adult entertainment manager, server or entertainer license was obtained through false statements in the application for such license, or renewal thereof; or
(d) The adult entertainment business license or the adult entertainment manager, server or entertainer license has been materially altered or defaced or is being or was used by a person other than the license holder or at a location other than that identified on the license or for a use or type other than that for which the license was issued; or
(e) The adult entertainment business licensee or the adult entertainment manager, server or entertainer licensee failed to make a complete disclosure of all information in the application for such license, or renewal thereof, or
(f) The owner or operator, or any partner, or any corporate officer or director holding an adult entertainment business license has become disqualified from having a license by a conviction as provided in section 5-205; or
(g) The holder of an adult entertainment manager, server or entertainer license has become disqualified from having a license by a conviction as provided in section 5-206, then the City Clerk shall make this information known to the Governing Body of the City of Louisburg, which shall, upon five days written notice to the person holding the license, conduct a hearing to determine whether the license should be suspended or revoked. The City may pass an ordinance setting forth the procedures for the conduct of such hearing. Based on the evidence produced at the hearing, the City may take any of the following actions:
(1) Suspend the license for up to ninety days; or
(2) Revoke the license; or
(3) Place the license holder on administrative probation for a period of up to one year, on the condition that no further violations of the Code occur during the period of probation.
(Code 2020)
(a) A license may be renewed by making application to the City Clerk on application forms provided for that purpose. Any license issued under this article shall expire as of the end of the 12 months period from the date of its issuance, and renewal applications for such licenses shall be submitted no sooner than 45 days prior to expiration and no later than the City business day immediately preceding the date of expiration of the license.
(b) Upon timely and proper application for renewal and the payment in full of all license fees, the City Clerk shall issue to the applicant a receipt showing the date of the renewal application and granting to the applicant a temporary extension of the license for a period of 45 days or until the application for renewal is approved or disapproved. Any license issued under the provisions of this article may be renewed by issuance of a new license for an additional 12 months license period. All applications for renewal of licenses shall be processed in the manner provided for the issuance of the initial license, including the requirements for fingerprints and photographs, and must comply with and satisfy the qualifications for licensees specified in this article.
(c) If the application for renewal of a license is not made during the time provided in subsection (a), then the license shall expire upon the effective expiration date, and a new license application shall then be required to reissue any expired license.
(Code 2020)
(a) It shall be unlawful for any person to fail to comply with any provision of this article or to perform or commit any act prohibited by this article, and the commission of any prohibited act or the failure or refusal to comply with any requirement of this article shall be and hereby is declared to be a violation, and each separate act or event shall be and constitute a separate violation.
(b) Any person who violates any provision of this article shall be guilty of a Class B misdemeanor, and upon conviction, shall be punishable by a fine in an amount not less than $250.00 and not to exceed $ 1,000.00, or imprisonment for a period not to exceed six months, or both.
(Code 2020)