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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.)