§ 12-72. Motion picture arcade booth establishments; additional enforcement.

In addition to the enforcement procedures set forth in section 12-51 and sections 12-68 through 12-71 of this article, the commissioner may enforce the provisions of this article pertaining to motion picture arcade establishments through the following administrative enforcement procedure:

(a)

The commissioner or an authorized representative, may issue a written notice and order to the owner, operator, manager or person in charge of a motion picture arcade booth establishment of any violation of the requirements or duties set out in this article requiring that at least one side of each motion picture arcade booth shall be completely open, that the surface of all walls between booths be covered with metal and maintained free of holes or other structural openings, that the visibility from adjacent public rooms or adjacent hallways into each motion picture arcade booth through the open side of the booth is not obstructed by any temporary or permanent curtain, door, wall, enclosure, chair or other device, and that no more than one person occupy a booth at any one time. The notice and order shall set forth the alleged violations of this article, describe the premises where the violations are alleged to exist and specify a period of 48 hours from the time of service of the notice and order for the correction of any violation alleged.

(b)

The notice and order shall be served upon the owner, operator or person in charge of the motion picture arcade booth establishment by delivery of a copy of the notice and order to such owner, operator, manager or person in charge of a motion picture arcade booth establishment or by leaving such copy at their usual place of abode with a member of the family over the age of 15 years or by mail addressed to the owner, operator or person in charge or agent thereof. If service is by mail, the notice and order will be deemed to have been served 72 hours after it was placed in the U.S. mail. If one or more persons to whom such notice and order is addressed cannot be found after diligent effort to do so, service may be made upon such person by posting the notice and order in or about the premises described in the notice and order, and by causing such notice and order to be published in a newspaper of general publication. If service is by posting and publication, the notice and order will be deemed to have been served 72 hours posting or publication, whichever occurs later.

(c)

If the commissioner or authorized designee, finds that the alleged violation still exists after 48 hours from the time of service, the commissioner or his designee may order the closure of the portion of the establishment containing the booths and shall prominently post notice of the closure on the premises. Any closure shall remain in effect until the commissioner determines that the violations have been abated. If the owner, operator, manager or person in charge of the establishment believes that the violations have been abated but the commissioner disagrees, the owner, operator, manager or person in charge may request a hearing in writing. The hearing shall be before the commissioner or authorized designee and shall be provided within ten days of receipt of the written request. The commissioner may from time to time establish rules governing the conduct of the hearings.

(d)

To prevent a stay or closure, the owner, operator, manager or person in charge of the motion picture arcade booth establishment may request a hearing within 48 hours of the time of service of a notice and order. The request for a hearing must be in writing. The hearing shall be before the commissioner or authorized designee and shall be provided within 10 days of receipt of the written request. The filing of a written request for a hearing shall stay the commissioner's power to order closure until after the hearing is concluded and an administrative decision has issued finding a violation enforced under this section. The commissioner may from time to time establish rules governing the conduct of the hearings.

(Ord. No. 981345, § A, 12-21-98)