§ 21-185. Fines; penalties.

(a)

Each day any violation of any provision of this article shall continue shall constitute a separate offense, except when the violation is from a bona fide error that occurred provided that the licensee maintains procedures reasonable adopted to avoid the occurrence of bona fide errors.

(b)

A violation of this article that is not a bona fide error, whether or not specifically designated as being unlawful, shall be a class 1 misdemeanor and upon conviction shall be punishable as provided for under state law.

(c)

For the purposes of this section, "bona fide error" includes clerical, calculation, computer malfunction, programming, and printing errors and other similar errors.

(d)

A licensee or designated agent who does not comply with a request by a law enforcement agency to inspect an automated kiosk pursuant to section 21-183(c), or refuses to return a consumer electronic device to law enforcement that is identified as stolen or involved in the perpetration of a crime pursuant to section 21-18(d) shall be issued a notice stating that the licensee or designated agent shall comply with the request by the law enforcement agency within five (5) calendar days of receipt of the notice.

(e)

The notice shall include a description of the violation, the statutory or code reference, how the licensee can comply with the requirements, a description of how a hearing may be requested, the time limit for requesting a hearing, and a warning that failure to timely request a hearing may result in revocation of the license.

A licensee or designated agent receiving a notice under this section may request a formal hearing pursuant to section 21-25 by serving a written request on the city manager within thirty (30) days of receiving notice of violation. If the licensee fails to comply with the requirements under subsection (a) of this section by the date provided in the notice, the City of Glendale Police Department may: (1) disable the automated kiosks by removing the automated kiosks from the power source and placing a notice on the machines that the kiosk is not operational; and (2) revoke the license pursuant to section 21-181(l). The automated kiosk(s) shall remain disabled during the pendency of the appeal process. If a licensee or designated agent fails to request a hearing, the automated kiosks shall remain disabled. The licensee is responsible for the cost incurred by law enforcement to disable the automated kiosks in accordance with this subsection and any fines or fees assessed by the court. The hearing shall be conducted in accordance with section 21-25(b)—(d) of the City Code. Should the licensee prevail in the hearing, the hearing officer may also determine whether to award the licensee the costs incurred by the city to disable the automated kiosk(s) and void any fines imposed under this section.

(f)

The City of Glendale Police Department shall take every reasonable precaution in the event the City of Glendale finds it necessary to disable the automated kiosks and the City of Glendale shall incur no liability by such action.

(g)

Nothing in this article shall prohibit or prevent the City of Glendale from seeking or obtaining a subpoena, search warrant or similar legal process, including, but not limited to, an order from a court of competent jurisdiction compelling licensee or designated agent to allow the City to inspect any automated kiosk or require the production of any consumer electronic device placed in a kiosk within the City of Glendale.

(Ord. No. 018-31, § 1, 5-8-18)