(a) The City shall regularly inspect the premises of the sexually oriented business in order to ensure compliance with the provisions of this chapter. An applicant or licensee shall permit representatives of the Police Department and/or Health Department to inspect the premises at any time the establishment is open for business. Such inspection shall be limited to visual assessment of the activities conducted in areas to which patrons have access or are allowed access; to requests for inspection of the licenses required under this chapter; and to requests for identification of those individuals who reasonably appear to be under the age of 18. (See New York v. Burger, 482 U.S. 691, 702-03, 711-12 (1987); Deja Vu of Cincinnati, L.L.C. v. Union Twp. Bd. of Trs., 2003 U.S. App. LEXIS 7720 at *29-36 (6th Cir. 2003) (holding that inspections must be “carefully limited in time, place, and scope” in order to withstand constitutional scrutiny)).
(b) A person who operates a sexually oriented business or his agent or employee commits a misdemeanor of the first degree if he/she refuses to promptly permit such lawful inspection of the premises.
(Ord. 107-05. Passed 12-5-05.)
(Ord. 107-05. Passed 12-5-05.)