(a) (1) Applications for Licenses. All applications for licenses under this chapter shall be in writing on a form approved by and filed with the Safety 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. In the event that no person owns twenty-five percent or more of the sweepstakes terminal cafe, such application shall be signed by an authorized representative of the sweepstakes terminal cafe. All applications shall contain a statement that the information contained therein is complete, accurate and truthful to the best knowledge of all applicants. Every owner and operator of the sweepstakes terminal café, shall be fingerprinted by the City of Berea Police Department and said persons shall pay for the costs associated with obtaining said fingerprints.
(2) The Application shall include supporting documentation from a Certified Independent Regulatory Compliance Testing Laboratory that the sweepstakes terminal software performs in a similar fashion as other permitted sweepstakes commercially offered to the public and that the entries are drawn from a pre-created finite static pool of entries with assigned values. To be certified, the Independent Regulatory Compliance Testing Laboratory must be authorized to test regulated gaming equipment by at least one state government gaming regulatory agency.
(b) Contents of Applications. The application shall contain the following information as to all owners;
(1) True name and all names used in the past five years;
(2) Date of birth;
(3) Permanent home address and all home addresses used in the past five years;
(4) Business and home telephone numbers;
(5) Employment history for the past five years;
(6) A statement as to whether or not the owner has been convicted of any crime other than traffic offenses and, if so, the date and place of conviction, the nature of the offense and the penalty imposed;
(7) A statement as to whether or not the owner has ever conducted a sweepstakes terminal cafe and, if so, when, where and for how long.
(8) A description of the nature and operation of the main type of business activity to be conducted upon the premises;
(9) A description of the nature and operation of any business to be conducted in conjunction with the sweepstakes terminal cafe, and the anticipated percentage of gross revenue to be derived from each respective business;
(10) The address and telephone number of the premises and of the business, if different from that of 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 cafe, or whether or not 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) Building and utility drawings of the premises meeting all requirements of the City Building and Zoning codes including floor plans of the premises showing equipment and computer equipment, internet distribution routing and the immediate vicinity drawn to scale (24 x 36) showing the square footage and placement of the computerized sweepstakes devices, exits, windows, storage spaces, bicycle storage racks and off-street parking.
(14) A map showing all schools, playgrounds or parks within a radius of 1,000 feet of the premises and all churches within a radius of 500 feet of the premises;
(15) The name, and address and telephone number of the agent of the business upon whom service of process can effectively and validly be made;
(16) The number, type, name, model and manufacturer's serial number of each computerized sweepstakes device requested to be licensed;
(17) The name and address of the owner, distributor and manufacturer of each computerized sweepstakes device requested to be licensed;
(18) Specification of terms of agreement governing the acquisition and installation of each amusement device requested to be licensed;
(19) A description as to the nature and type of property or services which will be sold or supplied upon the premises;
(20) A copy of the title or lease to the premises;
(21) A copy of the Articles of Incorporation, if the owner is a corporation;
(22) A copy of the Operating Agreement, if the owner is a limited liability corporation;
(23) A copy of the Partnership Agreement, if the owner is a partnership;
(24) Specification of the days of the week and the hours of the day during which the licensed activity will be conducted; and
(25) Any other information which the Safety Director may deem reasonably necessary for the full interest of the public in the application.
(c) Reports of City Officials. Upon receipt of an application for a license under this chapter, the Safety Director shall request the following reports, which shall be rendered to him within thirty days of the date of filing of the application.
(1) A written report from the Fire Chief shall be submitted to the Safety Director as to whether the premises and computerized sweepstakes devices thereon will create a fire hazard; and
(2) A written report from the Police Chief shall be submitted to the Safety Director specifying, with regard to all owners and operators, any convictions for any felony or for any misdemeanor involving the operation of an amusement device business or involving physical violence, gambling activity, controlled substances, alcoholic beverages, minors or any crime involving moral turpitude.
(3) A written report from the Building Commissioner shall be submitted to the Safety Director as to whether all building and zoning laws have been satisfied. The report shall include a formal accredited plans review report verifying proper code compliance of the facility and operations.
(d) Determination Process.
(1) Safety Director. All applications for licenses under this chapter shall be considered by the Safety Director, who shall, within ten days after receiving the written reports, either issue such licenses or deny issuance of such licenses.
(2) Appeal to Board. In the event of the denial of 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 have ten days after receipt of such notice within which to appeal such denial, by filing a written notice of appeal with the Municipal Planning Commission. Thereupon, the applicant shall have not less than ten days notice of the date and place of the hearing. The appeal shall be heard by the Planning Commission, which shall have the power after such hearing to confirm the denial, order the license to be issued, or, at its discretion, to issue a conditional or probationary license. In rendering its decision, the Board may, for good cause shown, modify or waive any of the provisions of this chapter in the interest of justice.
(3) Appeal to court. The decision of the Municipal Planning Commission may, within thirty days thereof, be appealed to a court of competent jurisdiction under Ohio R.C. Chapter 2506.
(e) License Renewal. Each computerized sweepstakes device license and sweepstakes terminal cafe license must be renewed annually. At the time of renewal, a statement shall be filed with the Safety Director that the information listed on the original application 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. Such statement shall be signed by the same persons who signed the original application. The Safety Director may determine to accept such statement and issue the license requested, or he may determine to enforce the procedure required for an original license.
(Ord. 2010-56. Passed 10-4-10.)