§ 48C-37 — FINANCIAL INTERESTS OF PARKING LOT OWNER AND LICENSEE PROHIBITED

SEC. 48C-37. FINANCIAL INTERESTS OF PARKING LOT OWNER AND LICENSEE PROHIBITED.

(a) A licensee commits an offense if he, either personally or through an employee or agent: (1) directly or indirectly gives anything of value, other than a sign or notice required to be posted under this chapter, to a parking lot owner in connection with the immobilization of a vehicle on the parking lot; or (2) has a direct or indirect monetary interest in a parking lot on which the licensee, for compensation, immobilizes or causes the immobilization of an unauthorized vehicle. (b) A parking lot owner commits an offense if he, either personally or through an employee or agent: (1) accepts anything of value, other than a sign or notice required to be posted under this chapter, from a vehicle immobilization service in connection with the immobilization of a vehicle on the parking lot; or (2) has a direct or indirect monetary interest in a vehicle immobilization service that, for compensation, immobilizes or causes the immobilization of an unauthorized vehicle on the parking lot. (c) It is a defense to prosecution under Subsection (a)(2) that: (1) the licensee is an owner or employee of the parking lot on which the vehicle is immobilized; and (2) the licensee’s vehicle immobilization service does not charge any vehicle immobilization fee authorized under Section 48C-44(a) of this chapter or any other fee, fine, or penalty to a vehicle owner or operator for removal of a boot; except that, the licensee may collect any outstanding parking fee, not including any fine or penalty, from the vehicle owner or operator in accordance with Section 48C-44(b) of this chapter. (d) It is a defense to prosecution under Subsection (b)(2) that: (1) the parking lot owner is an owner or employee of a licensed vehicle immobilization service; and (2) the vehicle immobilization service in which the parking lot owner has a financial interest does not charge any vehicle immobilization fee authorized under Section 48C-44(a) of this chapter or any other fee, fine, or penalty to a vehicle owner or operator for removal of the boot; except that, the parking lot owner may collect any outstanding parking fee, not including any fine or penalty, from the vehicle owner or operator in accordance with Section 48C-44(b) of this chapter. (Ord. 27629--)