(A) The Chief of Police, or his or her designee, shall have the power to administer and enforce the provisions of these regulations upon presentation of proper identification to the owner, agent or tenant in charge of any premises where a sexually oriented business is located. The Chief of Police, or his or her designee, may enter for the purposes of inspection or investigation to ensure compliance with the terms of these regulations any building, structure or other premises where the sexually oriented business is located at any time it is occupied and open for business.
(B) A person who operates a sexually oriented business or his or her agent or employee commits an offense if he or she refuses to permit a lawful inspection of the premises by a representative of the Chief of Police at any time it is occupied or open for business.
(C) However, when the Chief of Police, or his or her designee, is denied permission to inspect any premises, inspection shall be made only under the authority of a warrant issued by a Magistrate authorizing the inspection for violations of these regulations. In applying for such a warrant, the Chief of Police, or his or her designee, shall submit an affidavit to a Magistrate setting forth his or her belief that a violation of these regulations exists with respect to the premises sought to be inspected and the reasons for such belief. The affidavit shall designate the location of such operator or occupant thereof. If the Magistrate finds that a probable cause exists for a search of the premises, such warrant describing the premises with sufficient certainty to identify the same. A warrant so issued shall constitute authority for the Chief of Police, or his or her designee, to enter upon or inspect the premises described therein.
(`87 Code, § 14-184) (Am. Ord. 1994-16, passed 9-20-94)