9.50.050 Enforcement.
A. The obligation to ensure that a Covered Business complies with this Chapter 9.50 shall fall only on the business or, in the case that the owners of the business are responsible for a policy or practice causing a violation of this Chapter, on the owner or owners of the business. No employee or independent contractor working at a Covered Business shall be held liable for any violation of this Chapter.
B. Each transaction or attempted transaction in which a Covered Business fails to accept Cash shall constitute a separate violation of this Chapter.
C. Any aggrieved person who believes the provisions of this Chapter have been violated shall have the right to file an action for injunctive relief and/or damages. In any action to enforce the provisions of the chapter, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.
D. The City may issue an Administrative Citation pursuant to Chapter 1.28 of the Berkeley Municipal Code for any violation of this Chapter. The amount of this fine shall be determined as specified below:
a. For a first violation, an infraction punishable by a fine not exceeding $100 and not less than $50.
b. For a second violation within a twelve month period, an infraction punishable by a fine not exceeding $200 and not less than $100.
c. For a third violation within a twelve month period, an infraction punishable by a fine not exceeding $1,000 and not less than $500. (Ord. 7681-NS § 1 (part), 2019)