§132D-22  Entry onto premises; inspection of premises, books, and records; obstructing inspector operations; penalty.  (a)  Any inspector may, at reasonable hours, enter and inspect the premises of a licensee or permittee and any relevant books or records therein to verify compliance with this chapter and the conditions of the license or permit.

     (b)  Upon a request by any inspector to enter and inspect the premises of a licensee or permittee at reasonable hours, the licensee, the permittee, or an employee of the licensee or permittee shall make the premises and all relevant books and records therein available for immediate inspection and examination.

     (c)  Any licensee or permittee who refuses the inspector entry or access to the premises, books, or records shall be in violation of the conditions of the license or permit.  After a hearing, the issuing department shall suspend or revoke the license or permit for refusing entry or access or for violations of any other requirement or condition of the license or permit or any provision of this chapter or rule adopted pursuant to this chapter.  The issuing department shall provide the licensee or permittee with a written notice and order describing the basis for the suspension or revocation.  Any person aggrieved by the suspension or revocation determination may request a contested case hearing pursuant to chapter 91.  To request a contested case hearing, the person shall submit a written request to the issuing department within thirty calendar days of the date of the notice and order of the suspension or revocation.  Appeal to the circuit court under section 91-14, or any other applicable statute, shall only be taken from the issuing department's final order pursuant to a contested case.

     (d)  Any licensee, permittee, employee of a licensee or permittee, or other person who:

     (1)  Threatens with the use of violence, force, or physical interference or obstacle, or hinders, obstructs, or prevents any inspector, or any person assisting an inspector, from entering into the premises of the licensee or permittee; or

     (2)  Opposes, obstructs, or molests an inspector in the inspector's enforcement of this chapter,

shall be guilty of a misdemeanor, punishable by a fine of no more than $2,000 or imprisonment for no more than one year, or both.

     (e)  If any inspector having demanded admittance onto the premises of a licensee or permittee and declared the inspector's name and office, is not admitted by the licensee, permittee, or person in charge of the premises, the inspector may use force to enter the premises.

     (f)  For purposes of this section:

     "Inspector" means any county fire department officer, including firefighters.

     "Premises of a licensee or permittee" does not include the licensee's or permittee's private residence or a dwelling that is considered to be the person's dwelling, including a single-family house, apartment unit, condominium, townhouse, or cooperative unit. [L 2024, c 208, pt of §2; am L 2025, c 243, §17]