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No person shall conduct or operate a sweepstakes terminal cafe area in the City without having first obtained a license therefor as provided in this chapter, which license shall be designated as a sweepstakes terminal cafe license.
(Ord. 2010-56. Passed 10-4-10.)
Authority is hereby established and vested in the Safety Director to consider applications for licenses under this chapter, conduct investigations thereon and issue or deny issuance of such licenses based upon the criteria set forth in this chapter.
(Ord. 2010-56. Passed 10-4-10.)
(a) All Licenses. All licenses issued under this chapter shall have the following characteristics:
(1) Each such license shall be an annual license which covers a period from June 1 of each year through May 31 of the following year unless earlier suspended or revoked. The fee for the first application for an annual license shall be pro-rated based on the date of the application.
(2) Each such license shall vest a personal privilege but not any property rights in the licensee.
(3) Each such license shall be required to be displayed permanently in a conspicuous place upon the premises for which it is issued.
(4) Each such license shall be in the name of the applicant.
(5) Each such license shall be neither assignable or transferable, either as to person or location.
(6) Each such license, if lost, destroyed or mutilated, upon application within thirty days thereof may be replaced by a replacement license issued by the Safety Director bearing the word "Replacement" across its face and bearing the same license number as the license which it replaces.
(b) Computerized Sweepstakes Device Licenses. All computerized sweepstakes device licenses issued under this chapter shall have the following characteristics:
(1) Each such license shall be issued for an individual computerized sweepstakes device only.
(2) Each such license shall specify the name and address of each licensee, and the manufacturer, model number and serial number of the computerized sweepstakes device for which it was issued.
(3) Each such license, if changed, mutilated, erased or in any manner defaced, shall be void, and any amusement device which the same shall purport to license shall be deemed an unlicensed amusement device.
(c) Sweepstakes Terminal Cafe Licenses. All sweepstakes terminal cafe licenses issued under this chapter shall have the following characteristics:
(1) Each such license shall be issued only for an individual business at an individual premise.
(2) Each such license shall specify the name and address of each licensee, and the manufacturer, model number and serial number of each computerized sweepstakes device located upon the premises for which it was issued.
(Ord. 2010-56. Passed 10-4-10.)
(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.)
No sweepstakes terminal cafe license shall be issued or renewed for any business or premises:
(a) Where any of the owners or the operators has been convicted within the last five years of any felony or of any misdemeanor involving the operation of a sweepstakes terminal cafe business, or involving physical violence, gambling activities, controlled substances, alcoholic beverages, minors or any crime involving moral turpitude;
(b) Where the premises do not specifically designate at least 30 gross square feet of floor area for each amusement device to be located upon the premises, excluding areas used for other principal uses;
(c) Where the premises do not provide a minimum of 35 off-street parking places, or 1 such space for every 2 computerized sweepstake devices, whichever is greater;
(d) Where the premises are located within 1,000 feet of any school, playground, public park or within 500 feet of any church;
(e) Where it is determined that the premises or operation thereof would be in violation of any provision of the Building Code, the Zoning Code or the Fire Code of the City or any other pertinent provisions of local, state or federal law;
(f) Where the applicant made a false statement as to a material matter upon the application or in a hearing concerning the license;
(g) Where the application failed to provide all of the required information; or
(h) Where not all terms and conditions under this chapter and all other applicable ordinances and statutes are complied with.
(Ord. 2010-56. Passed 10-4-10.)
(a) In addition to any other condition or regulation contained in this chapter or in state statutes, or in the City Building and Zoning Codes, the following conditions and regulations shall be applicable to and shall govern and control all licenses of sweepstakes terminal cafes:
(1) Sweepstakes Terminal Cafes shall be a permitted conditional use only in the Bagley Road Commercial District (BRCD) zoning district in accordance with Chapter 301 of the Zoning Code and only after approval of same by the Municipal Planning Commission.
(2) Each such licensee shall at all times open each and every portion of the premises for inspection by the Police Department and other City departments for the purposes of enforcing any provisions of this chapter.
(3) Each such licensee shall have present on the premises at all times when the premises are open to the public at least one adult operator who has not been convicted of any felony or of any misdemeanor involving the operation of a sweepstakes terminal cafe or involving physical violence, gambling activities, controlled substances, alcoholic beverages, minors or any crime involving moral turpitude.
(4) No such licensee shall open the premises for business except between the following hours (local time) on the following days:
A. Sunday through Thursday, 9:00 a.m. to 11:00 p.m.; and
B. Friday and Saturday, 9:00 a.m. to 12:00 a.m. midnight.
(5) No such licensee shall allow living quarters to exist with direct entry to the premises.
(6) No such licensee shall operate the sweepstakes terminal cafe business other than on street level or on a level within three feet thereof.
(7) No such licensee shall allow any person, other than an owner or operator over the age of twenty-one years, who shall be readily identifiable, to be in control of the premises, nor allow such operator to be regularly situated in a place upon the premises other than a place from which he has an unobstructed view of the entire portion of the premises devoted to the operation of computerized sweepstakes devices.
(8) No person under the age of twenty-one years shall be permitted within a sweepstakes terminal cafe.
(9) Any and all sweepstakes rules and odds of winning shall be posted in a conspicuous place at the premises and displayed on the computerized sweepstakes device at the start of each game and/or activity.
(10) Each such licensee shall operate the sweepstakes terminal café business in compliance with any and all pertinent Federal Trade Commission rules and regulations.
(b) All computerized sweepstakes devices upon the premises of a sweepstakes terminal cafe shall be located thereon in conformity with the floor plan filed with the application for the license and in such a manner:
(1) So as not to impair ingress or egress to the premises;
(2) So as not to interfere with free and unfettered passage through the premises;
(3) So that at least 30 gross square feet of floor area is specifically designated for each amusement device, excluding areas used for other principal uses;
(4) So that there shall be a minimum unobstructed area of five feet on either side of each amusement device where persons may use, watch or wait to use such amusement device;
(5) So as to permit a clear and complete view of the interior of the premises immediately upon entry; and
(6) So that the back of any amusement device is not exposed to a window.
(Ord. 2010-56. Passed 10-4-10.)
No licensee of a sweepstakes terminal cafe by himself, directly or indirectly, or by any servant, agent or employee, shall permit or fail to take active steps to eliminate the activities specified in this section from occurring upon the premises. All such licensees shall have a duty to diligently pursue enforcement of this section. The actions of the operator and the failure to take action by the operator shall be imputed to the licensees. No such licensee shall:
(a) Permit any indecent, immoral or profane language, or indecent, immoral or disorderly conduct, upon the premises;
(b) Permit the premises to become a gathering place for disorderly persons of any type;
(c) Permit gambling in any form or the possession or use of gambling paraphernalia upon the premises;
(d) Permit intoxication or the possession or use of alcoholic beverages upon the premises;
(e) Permit the possession or use of any unlawful drug, narcotic or controlled substance;
(f) Permit the public streets, sidewalks, alleys or walkways in the immediate vicinity of any entrance or exit to the premises to become littered;
(g) Permit the premises or the activity conducted thereon to become a public nuisance to the surrounding environs;
(h) Permit the walkways to become obstructed in any manner so that pedestrian traffic is hindered;
(i) Permit any computerized sweepstakes device thereon to be operated at any time the premises is not open for business, or permit the entrance to be locked at any time that the premises are open for business;
(j) Permit the premises to become overcrowded so as to constitute a hazard to the health or safety of persons therein or to be in violation of any of the Village's fire, health or sanitation codes;
(k) Permit any computerized sweepstakes device to be offered to the public for operation unless fully operable and in safe operation condition;
(l) Permit the premises to be open for business without displaying the licenses therefore in a conspicuous place thereon;
(m) Permit the operation of any unlicensed computerized sweepstakes device upon the premises;
(n) Permit any violation of any ordinance of the City or statute of the State to take place upon the premises.
(Ord. 2010-56. Passed 10-4-10.)
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