§ 5.07.020. Access to establishment without warrant.

(a)

Findings.  

(1)

The city is permitted by statute to regulate the conduct of alcohol sales businesses within its corporate limits.

(2)

Alcohol sales businesses are part of a closely regulated industry.

(3)

Through ordinances and statutes, alcohol licensees are required to conduct their business within particular parameters and are prohibited from permitting or engaging in particular acts.

(4)

The city has a substantial interest in preserving the public's health, safety and quality of life through, among other programs, the regulation of alcohol sales businesses.

(5)

Inspection of commercial property on which alcohol is sold, within the bounds of this Section, is a necessary component of enforcing alcohol-related ordinances and statutes.

(b)

Purpose.  The provisions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, morals and general welfare of persons patronizing or otherwise affected by a business so as to:

(1)

Ensure that a licensee is conducting an alcohol sales business within laws specifically applying to alcohol sales businesses; and

(2)

Ensure that a licensee is conducting an alcohol sales business without engaging in specific prohibited acts related to alcohol sales establishments.

(c)

The community development director, the chief of police and their respective authorized designees shall have the authority to enter with or without a search warrant and free of charge, all areas of the licensed business premises to which the public normally has access during the operation of the business. Such authority shall only be exercised within reasonable times when a business establishment is open for the transaction of business. Inspection under this subsection shall be limited to verification that persons doing business on a business premises are properly licensed and have obtained all licenses required under Title 4 and 5, and verification of the conduct of business in compliance with RMC 5.07.030 and RMC 8.16.120. Inspection under this subsection shall be limited to a reasonable length of time on the premises necessary to accomplish the goals of the inspection. These limitations shall not be construed to prohibit action based upon any other constitutionally recognized exception to the warrant requirement.

(d)

Refusal to allow entry pursuant to this subsection shall constitute grounds for suspension or revocation of a license as described in RMC 5.05.007.

(Ord. No. 4765, § 1, 7-8-97; Ord. No. 5964, § 1, 9-12-07; Ord. No. 6262, § 1, 11-7-12)