Inspection requirements.
(1) A person may operate an adult use business only within an AO-IN Adult Overlay of the Industrial District of the City of Oswego only in accordance with the provisions of this section.
(2) 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 Code Enforcement Office.
(3) The Health Department, Fire Department, and the City Code Enforcement Office 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 Permit Administrator and within 10 days of the receipt of all required certifications verifying that the premises is in compliance, together with a completed application for an adult use permit and permit application fee of $25, the Permit Administrator shall issue an adult use permit to the applicant.
(4) The Code Enforcement Office shall suspend the right to conduct such adult use by suspending an adult use permit for a period not to exceed 30 days if it determines that the owner and/or operator or an employee of the owner and/or operator has:
(a) Violated or is not in compliance with any section of this chapter.
(b) Engaged in illegal use of alcoholic beverages while on the adult use business premises.
(c) Refused to allow an inspection of the adult use business premises as authorized by this chapter.
(d) Knowingly permitted gambling by any person on the adult use business premises.
(e) Knowingly allowed possession, use or sale of controlled substances on the premises.
(f) Knowingly allowed prostitution on the premises.
(g) 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.
(5) An owner or operator of a sexually oriented business shall permit representatives of the City Police Department or any other law enforcement agencies having jurisdiction, Health Department, Fire Department, Code Enforcement Office 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.
(6) Prior to any suspension, the Permit Administrator 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 Permit Administrator within 10 days of receipt of said notice. The Permit Administrator 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.
Enforcement.
(1) A person who knowingly owns, manages, operates, conducts or maintains any of the uses governed by these provisions in any way which is contrary to those regulations shall be subject to criminal prosecution under this Code or by civil injunction by the City Attorney in any court of competent jurisdiction.
(2) The continuation of a violation of the provisions of this section shall constitute, for each day the violation is continued, a separate and distinct offense hereunder.
(3) Each violation of the provisions of this section shall subject the owner and/or operator to a fine in the amount of $1,000 for each such violation in addition to any other penalties otherwise imposed hereunder.