(A) The city shall regularly inspect the premises of the sexually-oriented business in order to ensure compliance with the provisions of this subchapter. 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 subchapter; 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, 02-03, 711-12 (1987); Deja Vu of Cincinnati, LLC v. Union Twp. Bd. of Trs., 2007 U.S. Dist. LEXIS 10683 (S.D. Ohio, Feb. 15, 2207 (holding that inspections must be carefully limited in time, place and scope in order to withstand constitutional scrutiny)).)
(B) When the Director denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. Notwithstanding the provisions of this section, in the event a licensee appeals the non-renewal of a license, the status quo immediately prior to non-renewal shall be maintained throughout the pendency of the appeal, up to and including judicial review on the merits as set forth in § 113.26 of this code.
(Prior Code, § 10-906) (Ord. 751, passed 3-23-2004)