(a) Applications for Licenses. All applications for licenses under this chapter shall be in writing on a form approved by and filed with the Safety Service Director. The application shall be signed by the owner or owners and shall contain information required by this section supplied in detail as to each such person, including general and limited partners, or partnerships, shareholders of corporations and principals of any other type of business entity which owns twenty-five percent (25%) of the membership, voting or pecuniary interest of the entity. In the event that no person owns twenty-five percent (25%) or more of the sweepstakes terminal café, such application shall be signed by an authorized representative of the sweepstakes terminal café. All applications shall contain a statement that the information contained therein is complete, accurate and truthful to the best knowledge of all applicants.
(b) Contents of Applications. The Application shall contain the following information as to all owners:
(1) True name and all other names used in the past five (5) years;
(2) Date of birth;
(3) Permanent home address and all other home addresses used in the past five (5) years;
(4) Business and home telephone numbers;
(5) A statement as to whether or not the owner has been convicted of any crime other than traffic offenses and, if convicted, the date and court of conviction, the specific crime convicted of, and the penalty imposed;
(6) A statement as to whether or not the owner has ever conducted a sweepstakes terminal café, and, if so, the specific location of the café and the dates of such operation;
(7) A statement as to whether the owner, or any sweepstakes which the owner has previously operated, has been notified of any violation of Federal, State or local laws or regulations.
(8) A description of the nature and operation of the main type of business activity to be conducted upon the premises, and the hours and days of operation.
(9) A description of the nature and operation of any business to be conducted in conjunction with the sweepstakes terminal café, and the anticipated percentage of gross revenue to be derived from each respective business;
(10) The address and telephone number of the premises and the business, if different from the premises;
(11) The name under which the business and premises will be operated;
(12) A statement as to whether or not the owner will directly operate the sweepstakes terminal café, or whether an operator who is not an owner will operate it, and if the latter, the application shall contain information required by this section supplied in detail as to each such operator;
(13) A floor plan of the premises and the immediate vicinity drawn to scale, showing the square footage and placement of the computerized sweepstakes devices, exits, windows, storage spaces, bicycle storage racks and off street parking;
(14) The name, address and telephone number of the agent of the business upon whom service of process can effectively and validly be made;
(15) The number, type, name, model and manufacturer's serial number of each computerized sweepstakes device requested to be licensed;
(16) The name and address of the owner, distributor and manufacturer of each computerized sweepstakes device requested to be licensed;
(17) Specification of terms of the agreement governing the acquisition and installation of each computerized sweepstakes device requested to be licensed;
(18) A description as to the nature and type of property or services which will be sold or supplied upon the premises;
(19) A copy of the title or lease to the premises;
(20) A copy of the Articles of Incorporation, if the owner is a corporation;
(21) A copy of the Operating Agreement, if the owner is a limited liability company;
(22) A copy of the Partnership Agreement, if the owner is a partnership;
(23) Specification of the days of the week and the hours of the day during which the licensed activity will be conducted.
(c) Safety Service Director. The Safety Service Director shall, within ten (10) business days of the receipt of the written application referenced in Section 781.08(b), either issue such license or deny such license.
(d) Appeal to Board of Zoning Appeals. In the event of the denial of the issuance of such a license, the applicant shall be notified of such denial, and the specific reasons therefore, in writing. Such notice shall be mailed or delivered to the applicant at the address specified in the application. The applicant shall be given a reasonable notice of the date, time and place of the hearing to appeal such denial, by filing a written notice of appeal and the fee associated therewith with the Board of Zoning Appeals. Thereafter, the applicant shall have not less than ten (10) days notice of the date, time and place of the hearing. The appeal shall be heard by the Board of Zoning Appeals, which, after hearing, shall confirm or deny the determination made by the Safety Service Director.
(e) Appeal to Court. The decision of Board of Zoning Appeals may be appealed to a court of competent jurisdiction pursuant to Ohio Revised Code Section 2506.
(f) License Renewal. Each computerized sweepstakes device license and sweepstakes terminal café license must be annually renewed. At the time of renewal, a statement shall be filed with the Safety Director that the information listed on the original for the license is still complete, accurate and truthful to the best knowledge of all applicants, or a statement shall be filed with the Safety Director listing each and every item of information which has changed since the original application. The Safety Director shall determine whether to accept such statement and issue the license requested, or he may determine to enforce the procedure required for an original license.
(Ord. 32-12. Passed 4-2-12.)