Enforcement and penalties

(a)

Civil enforcement. To the extent permitted by law and in addition to the provisions of subsection (b) below, the following civil actions may be brought by the city and/or the injured consumer, and shall not be mutually exclusive:

(1)

By city. Upon recommendation from the city manager that a retail establishment has violated this article, the city attorney may initiate an equity or other action against the owners and/or principal officers of the retail establishment to compel its compliance with this article. In the event there is found to be a violation of this article, the city may recover court costs and reasonable attorney's fees. In any civil action based on this article, if the city proves that the violation occurred after one or more written warnings or notices of violation to the defendant(s), or that the violation was especially offensive or egregious, the court may award punitive damages not exceeding $1,050.00 per violation or three times the price of the merchandise that is the subject of the sale in question, whichever is greater.

(2)

By consumers. Any person injured by a violation of this article shall have the right to bring a civil action and if he or she prevails shall be awarded compensatory damages and reimbursements of attorney fees and costs. In any civil action based on this article, if the injured consumer proves that the violation occurred after one or more written warnings or notices of violation to the defendant(s), or that the violation was especially offensive or egregious, the court may award punitive damages not exceeding $1,050.00 per violation or three times the price of the merchandise that is the subject of the sale in question, whichever is greater.

(b)

Penalties. A person, firm or corporation violating or failing to comply with any of the provisions hereof shall, upon conviction, be fined not more than $105.00 for the first offense and not more than $525.00 for the second and each subsequent offense. In addition, the court may, at its discretion, impose on the owner or principal officers of the offending retail establishment a term of imprisonment for up to 60 days for the second or subsequent offense.

(c)

License may be affected. In addition to the enforcement measures and penalties set forth in subsections (a) and (b) above which are cumulative, the city may take such measures as are lawfully permitted under chapter 31 of the Code of the City of Miami, as amended, dealing with the issuance, renewal, revocation, or suspension of local business tax receipts.

(Ord. No. 10533, § 4, 1-12-89; Code 1980, § 32-83; Ord. No. 12885, § 1, 2-8-07; Ord. No. 13142, § 11, 2-11-10)