§ 78-373. Scienter required to prove violation or business licensee liability.  


Latest version.
  • This division does not impose strict liability. Unless a culpable mental state is otherwise specified herein, a showing of a knowing or reckless mental state is necessary to establish a violation of a provision of this division. Notwithstanding anything to the contrary, for the purposes of this division, an act by a person working on the premises of the adult entertainment establishment that constitutes grounds for suspension or revocation of that person's work permit shall be imputed to the adult entertainment establishment licensee for purposes of finding a violation of this division, or for purposes of license denial, suspension, or revocation, only if an officer, director, general partner, managing member, or operator of the adult entertainment establishment 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.

(Amd. of 2-23-10)