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)