(a) No person, partnership, corporation, or other entity shall operate or conduct an entertainment device arcade without first obtaining an annual license to operate therefore from the Administrative Agent. The license to operate shall first be obtained prior to the initial operation of the entertainment device arcade and annually thereafter, with the subsequent annual application and associated fee due prior to the 1st day of January of each calendar year.
(b) Every person, partnership, corporation, organization or other entity desiring to operate or conduct an entertainment device arcade shall make an application in writing to the Administrative Agent. Such application shall include a non-refundable application fee of five hundred ($500.00) payable to the Fiscal Officer of the Village of Boston Heights, and which application shall provide each of the following:
(1) The name and federal tax identification number under which the business is to be conducted;
(2) The location where the business is conducted, with a description of the premises, including a scaled diagram;
(3) The name, address, and government issued photo identification of any manager, supervisor, and all other employees;
(4) The name, address, and government issued photo identification of the owner or owners of the entertainment devices;
(5) The name, address, government issued photo identification and principal occupation of every person with an interest in the business. If the business is conducted by:
A. A sole proprietorship, the name, address, government issued photo identification and principal occupation of that individual;
B. A firm, limited liability company or partnership, the names, addresses, government issued photo identification and principal occupations of each member of the firm or partnership; or,
C. A corporation, the names, addresses, government issued photo identifications and principal occupations of all officers and shareholders and the statutory agent.
(6) If a corporation or limited liability company, a certificate of good standing from the Ohio Secretary of State;
(7) The name, description, model number and serial number of each entertainment device on the premises and any other device on the premises that is necessary to the operation of the entertainment device;
(8) A. A list of each separate prize that may be given out and each separate dollar amount that may be given; and,
B. The odds of winning any offered prize or dollar amount awarded for the participation in any game, activity, program, scheme or play, use or participation in any way in an entertainment device or participating in any other activity or promotion in the entertainment device arcade, whether or not the determination of the giving of the thing of value or the delivery of the thing of value occurs totally within the confines of the premises or requires some event, occurrence or happening at another location.
(9) The name and address of any and all persons, businesses or organizations that provide games, computer software, equipment, or services or operate devices linked to the licensee's entertainment devices or to devices necessary to operate the entertainment devices, whether any such provisions are sold, leased or licensed; and,
(10) A certificate or report, provided by an Authorized Independent Testing Laboratory, identifying the components of the entertainment devices and related systems, identifying the operational characteristics of the entertainment device and systems and verifying that each entertainment device identified in Section 711.03(b)(7), above, and the software therein, is either a skill-based amusement machine, as defined in Section 2915.01 of the Ohio Revised Code, or is part of a sweepstakes game format. If the certificate or report verifies that the entertainment device and the software therein is part of a sweepstakes game format, the certificate or report shall verify the following information:
A. The sweepstakes game is governed by official rules, which are clearly posted and available to customers.
B. Sweepstakes entries are provided to customers upon purchase of a good or service, for which consideration is paid, and no consideration is paid for the sweepstakes entry itself. Additionally, the sweepstakes game provides for a method of free entry upon request, and the chance of winning the sweepstakes game does not vary between free entries and entries received as a result of purchase.
C. The total number of entries, the number of winning and losing entries and the number and nature of prizes of the sweepstakes game are finite, predetermined and established prior to the start of the sweepstakes. Additionally, all winning and losing entries are predetermined prior to the start of the sweepstakes game and the entries cannot be changed or modified once the sweepstakes game begins.
D. The sweepstakes game contains no element of skill and the customer has no ability to alter or affect the outcome or results of the sweepstakes game.
(11) A certificate or report, from an agency approved by the Ohio Attorney General's Office's Bureau of Criminal Identification and Investigation (BCI), listing the results of a criminal background check for each manager, supervisor, employee and owner of the applicant. Prior to or upon application, each manager, supervisor, employee, and owner shall report for fingerprinting and submittal of a request for a background check. All costs associated with securing this pre-application background check are the sole responsibility of the applicant.
(c) The Administrative Agent shall publish, within sixty (60) days after the enactment of this chapter a list of Authorized Independent Testing Laboratories, and shall keep said list updated and current at all times. To be considered an authorized independent testing laboratory must be authorized to test regulated gaming equipment by at least one state government gaming regulatory agency.
(d) Only certificates or reports from the entities listed by the Administrative Agent as Authorized Independent Testing Laboratories shall satisfy the requirements of this Section. Said certificate or report shall be provided to the Administrative Agent for each entertainment device prior to an operator placing the device into service.
The certificate or report for an Authorized Independent Testing Laboratory required herein shall be updated annually for each entertainment device and the updated certificate or report shall be provided at the time of each annual application, and shall contain the information required in this subsection.
(e) Any update to an entertainment device, or the software therein, during the course of the year shall be reviewed and inspected by an Authorized Independent Testing Laboratory, and a certificate or report from the Authorized Independent Testing Laboratory shall be filed with the Administrative Agent prior to the operator placing the device in service, and shall contain the information required in this subsection.
(f) No entertainment device shall be lawfully operated unless it is certified to meet the requirements of this subsection.
(g) Duty to Keep Information Current. No person, partnership, corporation, or other entity shall operate or conduct an entertainment device arcade at any time unless the information on file with the Administrative Agent is current and accurately reports the licensing information at the time of operation. The person, partnership, corporation, or other entity operating or conducting an entertainment device arcade shall have a continuing duty to inform the Administrative Agent as to changes in the information required in this section.
(h) Rejection or Approval of Application. The Administrative Agent shall reject or preliminarily approve an application within ten (10) business days of receipt. If rejected, the Administrative Agent shall notify the applicant in writing, with reasons for rejection. If the application is preliminarily approved, the Administrative Agent shall notify the applicant in writing of said preliminary approval. Upon notification of preliminary approval, applicant shall pay to the Fiscal Officer of the Village the semi-annual license fee due in conjunction with the initial or annual application for each entertainment device that will be located on the premises during the following semi-annual period. Upon notification of receipt of said semi-annual license fee, the Administrative Agent shall grant final approval of the application and shall issue a license to operate. No person shall operate an entertainment device arcade, until such final approval is granted and said license to operate is issued, unless otherwise permitted herein.
(i) Prohibition as a Result of Conviction; Fire Inspection. The Administrative Agent shall not issue a license to any person, partnership, corporation, or other entity if any of the persons with an interest in the business or if any of the employees of the business have been convicted of a violation of a federal or state statute or of any local ordinance pertaining to gambling or other crime of moral turpitude within five years preceding the application. Also, as a prerequisite to the issuance of such license, an inspection shall be made of the premises by the Village of Boston Heights Fire Department and Zoning Inspector to seek and obtain the approval of said department.
(j) Right of Entry for Inspection. The entertainment device arcade shall be open to inspection and viewing of operations by the Administrative Agent, Fire Department personnel, Zoning Inspector, and Health Department personnel at all times that the arcade is open for business. Law enforcement agency officers may accompany officials from the Administrative Agent, Fire Department, Zoning Inspector, and Health Department on any official business or inspection to the extent authorized by this Chapter of these Codified Ordinances. No operator shall fail to immediately permit entry to any such officials.
(k) Suspension or Revocation of License. Failure to register or pay a license fee for an entertainment device shall be grounds for immediate suspension or revocation of the license for the entertainment device arcade and said device shall be seized and forfeited to the Village of Boston Heights.
(Ord. 23-2011. Passed 10-12-11.)