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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.)
(a) Expiration. Any sweepstakes terminal cafe license issued under this chapter shall expire upon the transfer or sale of a majority interest in the business, or the discontinuation of the business for a continuous period of thirty days. Any computerized sweepstakes device license issued under this chapter shall expire upon the transfer or sale of such computerized sweepstakes device.
(b) Suspension and Revocation. All licenses issued under this chapter shall be suspended or revoked by the Board of Zoning Appeals upon its finding of the occurrence of any of the following events:
(1) A false statement by any licensee as to a material matter made in an application for license or in a hearing concerning the license;
(2) Conviction of any license of any felony or of any misdemeanor involving physical violence, gambling activities, controlled substances, alcoholic beverages, minors or any crime involving moral turpitude;
(3) Conviction twice within a one-year period of any license or operator for a violation of this chapter.
(c) Hearing. The suspension or revocation of any license under this chapter shall not be made without a hearing. The licensee shall be given at least ten days prior written notice of intent to suspend or revoke, which shall set forth the time and place of the hearing and the specific reasons for such suspension or revocation. The licensee shall have the right at the hearing to present testimony and other relevant evidence and to orally examine any person offering evidence as to the reasons for suspension or revocation.
(d) Appeal. The decision of the Board may be appealed to a court of competent jurisdiction under Ohio R.C. Chapter 2506.
(Ord. 2010-56. Passed 10-4-10.)
(a) Computerized Sweepstakes Devices. The fee for each computerized sweepstakes device license shall be five hundred dollars ($500.00) per device, per year.
(b) Sweepstakes Terminal Café. The fee for a sweepstakes terminal cafe shall be seven thousand five hundred dollars ($7500.00) per year.
(c) Replacement License. The fee for a replacement license shall be fifteen dollars ($15.00).
(d) Filed with Application. License fees under this chapter shall be filed with the application for license.
(e) Return of Fee. In the event an application is denied under this chapter, one-half of the license fee therefore shall be returned to the applicant. In the event any license is suspended or revoked under this chapter, no portion of the license fee shall be returned to the owner.
(Ord. 2010-56. Passed 10-4-10.)