(A) No person, partnership, corporation or other entity shall operate or conduct an entertainment device arcade without first obtaining a license therefor from the Director of Public Safety. Every person, partnership, corporation, organization or other entity shall make an application in writing to the Director of Public Safety, which application shall set forth:
(1) The name under which the business is to be conducted;
(2) The location where the business is conducted, with a description of the premises, including a scaled diagram;
(3) The name and address of any manager, supervisor and all other employees;
(4) The name and address of the owner or owners of the entertainment devices;
(5) The name, address and principal occupation of every person with an interest in the business. If the business is conducted by:
(a) A sole proprietorship, the name, home address and principal occupation of that individual;
(b) A firm or partnership, the names, home addresses and principal occupations of each member of the firm or partnership; and
(c) A corporation, the names, home addresses and principal occupations of all officers and shareholders and the statutory agent.
(6) The name, description, model number and serial number of each entertainment device on the premises and any other device on the premises that is necessary to the operation of the entertainment device;
(7) (a) A list of each separate prize that may be given out and each separate dollar amount that may be given; and
(b) The odds of winning any offered prize or dollar amount awarded for the participation in any game, activity, program, scheme or play, use or participation in any way in an entertainment device or participating in any other activity or promotion in the entertainment device arcade, whether or not the determination of the giving of the thing of value or the delivery of the thing of value occurs totally within the confines of the premises or requires some event, occurrence or happening at another location;
(8) The name and address of any and all persons, businesses or organizations that provide games, computer software, equipment or services or operate devices linked to the licensee’s entertainment devices or to devices necessary to operate the entertainment devices, whether any such provisions are sold, leased or licensed; and
(9) Make application with the City of Barberton Income Tax Division.
(B) The person, partnership, corporation or other entity operating or conducting the business shall have a continuing duty to inform the Director of Public Safety as to changes in the information required in this section. No person, partnership, corporation or other entity shall operate or conduct an entertainment device arcade at any time unless the information on file with the Director of Public Safety is current and accurately reports the licensing information at the time of operation.
(C) If an application is not approved, the Director of Public Safety shall notify the applicant in writing, with reasons for rejection.
(D) The Director of Public Safety shall not issue a license to any person, partnership, corporation or other entity if any of the persons with an interest in the business or if any of the employees of the business have been convicted of a violation of a federal or state statute or of any local ordinance pertaining to gambling or other crime of moral turpitude within five years preceding the application. Also, as a prerequisite to the issuance of such license, an inspection shall be made of the premises by the Fire Division to seek and obtain the approval of said agency.
(E) The entertainment device arcade shall be open to inspection and viewing of operations by law enforcement officers and Fire Department personnel at all times that the arcade is open for business. No operator shall fail to immediately permit entry to any such city officials.
(F) Failure to register or pay a license fee for an entertainment device shall be grounds for suspension or revocation of the license for the entertainment device arcade and said device shall be seized and forfeited to the city.
(Prior Code, § 836.02) (Ord. 65-2010, passed 6-28-2010; Ord. 53-2012, passed 4-9-2012)