(A) The license may be suspended or revoked at any time by the Director of Public Safety on satisfactory proof that violation of the laws of the state, ordinances of the city, or of this chapter occur on the premises. In addition to any license suspension, the Director of Public Safety may assess the licensee a penalty fee of not less than $500, nor more than $1,500, for any violation of this chapter. Each day a continuing violation exists shall constitute a separate violation for purpose of assessing penalty fees. Suspensions, revocations and assessments of penalty fees by the Director of Public Safety is in addition to and separate from any criminal liability and does not preclude criminal prosecution for any violation of this chapter or other city, state or federal laws.
(B) Any resident of the city may submit a written notice of complaint to the Director of Public Safety in regard to any entertainment device arcade location. The notice of complaint will include the name and address of the resident, the address of the location and the specific reasons why the resident is complaining. The Director of Public Safety or a designee from law enforcement shall regularly inspect the premises, the operation, the entertainment devices and the licensee’s records and may issue a notice of complaint to the licensee for any violations.
(C) The Director of Public Safety or a designee from law enforcement shall meet with the complainant and inquire as to the specific reasons for the complaint. The Director of Public Safety or a designee may dismiss the complaint if it is determined that:
(1) The specific reasons listed in the complaint are not proper grounds for suspension or revocation of the license; and
(2) There are not substantial credible facts to support the complaint by the resident.
(D) No appeal shall be from the decision of the Director of Public Safety to dismiss a complaint.
(E) If the complaint is not dismissed by the Director of Public Safety, the Director of Public Safety will then notify the licensee and the owner of the devices on the premises, as listed on the license application, that a complaint has been filed and will set a date for a fact-finding conference on the matter. Extensions will be granted and necessary investigations will be conducted at the discretion of the Director of Public Safety and the Director of Public Safety may request the assistance of any person in law enforcement to assist in the investigation. The Director of Public Safety and a designee and any law enforcement officer shall have access to the premises and the records of the licensee during all times that the entertainment devices are available for play.
(F) At the time of the conference, the resident, the licensee and the owner of the devices will meet and attempt to amicably resolve the situation. If the resident, licensee and the owner can reach an amicable solution, the Director of Public Safety will direct the licensee to comply with the solution in his or her notice of reconciliation.
(G) If the parties cannot agree upon an amicable solution to the problem, the Director of Public Safety will transmit the complaint, together with its recommendation thereon, to the Entertainment Device Arcade License Review Commission. The Director of Public Safety’s recommendation may be for dismissal of the complaint, suspension of the license and assessment of penalty fees or revocation of the license.
(H) The Commission shall consist of the Law Director or his or her designated representative, the Director of Public Service or his or her designated representative, and the Building Commissioner or his or her designated representative.
(I) The Commission may accept, reject or modify the recommendation of the Director of Public Safety. The resident, the licensee and the owner of the devices, as listed on the license application, shall be notified in advance by certified mail of the day on which the Commission is to consider the complaint; and they may, if they so choose, be present during consideration of the complaint. Consideration of the complaint before the Commission shall be a public hearing which shall be held within 30 days after said notice is given. The licensee shall have the right to be represented by counsel and have the right to examine and cross-examine witnesses. The Commission shall enter its decision the day of hearing. In the event of a decision and ruling adverse to the licensee, the licensee shall have the right to appeal such decision and ruling to a court of competent jurisdiction under authority of and pursuant to the provisions of Ohio R.C. Ch. 2506.
(J) This complaint process is separate and distinct from any law enforcement action taken to enforce the laws of the state or the city and this chapter, and is not a condition precedent or otherwise an impediment to enforcement of said laws by criminal prosecution.
(Prior Code, § 836.05) (Ord. 65-2010, passed 6-28-2010; Ord. 53-2012, passed 4-9-2012)