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§ 90.45 INSPECTIONS.
   (A)   Authority. Inspections shall be made of all premises licensed under this chapter in order to safeguard the health, safety and welfare of the public. City officials conducting such inspections may enter any licensed premises during any hours in which the premises are open to the public for the purpose of conducting an inspection, and shall be entitled to inspect all portions of the premises, including, but not limited to, those portions used for storage, or food or beverage preparation. The licensee, as well as every employee or agent of the licensee, shall give the City official conducting such inspection free access to all areas of the licensed premises.
   (B)   Basis. An inspection shall be conducted in the manner best calculated to secure compliance with this code. Inspections may be on any one or more of the following basis:
      (1)   When any inspecting city official has reasonable cause to believe that a violation of this code has occurred or is occurring.
      (2)   Periodically and at such times deemed reasonable and appropriate by the city.
   (C)   Administrative search warrant. If any person shall deny access to a city official performing an inspection pursuant to this section, the city shall be entitled to the issuance of an administrative search warrant from a court of competent jurisdiction. The City Attorney or county prosecutor shall prepare the warrant application, which shall include the name of the business; the address of the building to be inspected; the nature of the inspection; and the facts attesting that access to the premises has been denied in contravention to this section. Upon a finding by the court that the warrant application is in proper form and in accord with this section, an administrative search warrant shall be issued forthwith. In the event of an emergency, or where probable cause exists to believe that evidence of criminal activity is present within the licensed premises, no such warrant shall be required.
(Ord. 140908-1, passed 9-8-2014)