Chapter 5.04 BUSINESS LICENSING AND REGULATION
Section 5.04.050 Investigations and Inspections.
Investigation of applicant: Upon the receipt of an
application for a license, where an
investigation is required by this chapter before the issuance of such license, or where an
investigation shall be deemed reasonably necessary or appropriate, by a member of the corporate
authority (including but not limited to the Mayor, the City Clerk, the City Police Chief, the City
Health Officer, the Fire Chief, the City Building Commissioner or the City Code Administrator),
the City Clerk shall refer the application to the appropriate official or officials for the conduct
of
such investigation(s) within forty-eight (48) hours of receiving the application. Such
investigation shall be completed within ten (10) days after receiving such application, absent
circumstances beyond the control of the investigating authority delaying the completion of the
investigation.
If it shall appear to the City Clerk that the matters and
circumstances relating to an application
require further information before a proper determination can be made, such application shall be
returned to the applicant for the inclusion of such additional information as may be specified by
the City Clerk.
Inspection Officials: The Building Commissioner of
the City, in consultation with the County
Health Department, shall make or cause to be made inspections regarding such permits and
licenses as relate to the care and handling of food, the prevention of nuisances and the spread of
disease, and the protection of the health of the public. The Building Commissioner shall make
or
cause to be made any inspections, which relate to compliance with the building code, zoning
ordinance and other related regulations. Criminal record investigations shall be conducted by
the
Chief of Police. All other investigations, except where otherwise provided, shall be made by any
officer, employee or agent designated by the Mayor.
Inspections; analyses: Whenever inspections of the
premises used for or in connection with
the operation of a licensed business are provided for or required by this chapter or are reasonably
necessary to assure compliance with the provisions of any ordinance or regulation of the City or
to detect violation thereof, it shall be the duty of the licensee or the person in charge of the
premises to admit thereto, for the purpose of making the inspection, any officer or employee of
the City who is duly authorized to make such inspection at any reasonable time that such
admission or entry is requested.
Whenever an analysis of any commodity or material is reasonably
necessary to assure
compliance with the provisions of any ordinance or regulation, or to detect violations thereof, it
shall be the duty of the licensee or the person in charge of the premises to give to any duly
authorized officer or employee of the City requesting the same sufficient samples of such
material or commodity.
In addition to any other penalty which may be provided, the
Mayor may revoke the license of
any owner or operator of a licensed business in the City or refuse to issue a license to any owner
or operator of a proposed business in the City who refuses to permit any duly authorized officer
or employee to: (i) make such inspection, or (ii) take an adequate sample of said commodity or
material, or (iii) who interferes with such officer or employee while in the performance of such
duties. However, no license shall be denied or be subject to revocation for denial of inspection
of property unless such City officer or employee has been refused permission to enter such
premises in the name of the City after first having presented an administrative search warrant
issued by a court of competent jurisdiction authorizing such entry.
In order to facilitate proper inspection in keeping with the
provisions of this subsection, any
official, sanitarian, inspector or other employee or person designated to make such inspections
under the supervision of the County Health Department shall be considered to be an officer or
official of the City for such purpose and for any purpose relative to the provision of this chapter
but for no other purpose unless so designated by this chapter.
(5.04.050 (Ord. 2077), Repealed & Replaced, 08/05/2002, Business Licensing and Regulation., Prior Text)