§ 58-4. Inspection requirements.  


Latest version.
  • A. 
    A person may operate an adult use business only within the GBD or HID zone of the City of Oneonta only in accordance with the provisions of this statute.
    B. 
    Prior to the commencement of any adult use business or upon any transfer of ownership or control, the premises must be inspected and found to be in compliance with all laws, rules and regulations of the Health Department, Fire Department and City Building and Zoning Enforcement Officer, Fire Marshal and other code enforcement officials.
    C. 
    The Health Department, Fire Department and the City Code Enforcement Officer and other code enforcement officials shall complete their certification that the premises is in compliance, or not in compliance, within 20 days of the inspection of the premises by such officials. The certification shall be promptly presented to the City Code Enforcement Officer.
    D. 
    The City Code Enforcement Officer shall suspend the right to conduct such adult use for a period not to exceed 30 days if he determines that the owner and/or operator or an employee of the owner and/or operator has:
    (1) 
    Violated or is not in compliance with any section of this chapter.
    (2) 
    Engaged in illegal use of alcoholic beverages while on the adult use business premises.
    (3) 
    Refused to allow an inspection of the adult use business premises as authorized by this chapter.
    (4) 
    Knowingly permitted gambling by any person on the adult use business premises.
    (5) 
    Knowingly allowed possession, use or sale of controlled substances on the premises.
    (6) 
    Knowingly allowed prostitution on the premises.
    (7) 
    Knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sexual conduct to occur in or on the permitted and/or licensed premises.
    E. 
    An applicant, or permittee and/or licensee shall permit representatives of the City Police Department, Health Department, Fire Department, Code Enforcement Officer or other city departments or agencies to inspect the premises of an adult use business for the purpose of ensuring compliance with the law at any time it is occupied or open for business.
    F. 
    Prior to any suspension, the Code Enforcement Officer shall provide to the owner and/or operator a notice stating the grounds for the suspension. The notice stating the grounds shall be provided to the owner and/or operator in writing. The owner and/or operator has the right to appeal this notice in writing to the Code Enforcement Officer within 10 days of receipt of said notice. The Code Enforcement Officer may not suspend the right to conduct such adult use until 15 days after the notice is given to the owner and/or operator or until after receiving the owner's and/or operator's response, whichever is sooner.