(a) Creation of Commission. An Entertainment Device Arcade License Review Commission is hereby created to hear complaints concerning entertainment device arcade licenses. The Commission shall consist of the Mayor or his/her designee, the President pro tempore of the Village Council or his/her designee and the Fiscal Officer of the Village or his/her designee.
(b) Revocation or Suspension of License. A license may be suspended or revoked at any time by the Commission on satisfactory proof that violation of the laws of the State of Ohio, the Codified Ordinances of the Village of Boston Heights or this Chapter occurs or has occurred at an entertainment device arcade. In addition to any license suspension, the Commission may assess the licensee a penalty fee of not less than five hundred dollars ($500.00) or more than one thousand dollars ($1,000) for any violation of this Chapter. Each day a continuing violation exists shall constitute a separate violation for purpose of assessing penalty fees. Suspensions, revocations and assessments of penalty fees by the Commission are in addition to and separate from any criminal liability and do not preclude criminal prosecution for any violation of this Chapter or other Village Ordinances or other applicable laws. Penalty fees shall be disposed of in the same manner as license fees as set forth in Section 711.04(c).
(c) Submission of Complaint; Regular Inspection. Any resident of the Village of Boston Heights may submit a written notice of complaint to the Administrative Agent concerning any entertainment device arcade located within the Village. The notice of complaint shall include the name of the resident, the address of the location, the Administrative Agent's device identification number, if known, and the specific reasons why the complainant is complaining. The Administrative Agent and/or the law enforcement agency responsible for policing the Village shall regularly inspect the premises, the operation, the entertainment devices and the licensee's records and may issue a notice of complaint to the licensee for any violations.
(d) Interview of Complainant. The Administrative Agent shall interview the resident complainant, as set forth in subpart (c), and inquire as to the specific reasons for the complaint. The Administrative Agent may dismiss the complaint if it is determined that:
(1) The specific reasons listed in the complaint are not proper grounds for suspension or revocation of the license; or
(2) There are not substantial credible facts to support the complaint.
(e) No Appeal from Dismissal of Complaint. No appeal shall lie from the decision of the Administrative Agent to dismiss a resident complaint.
(f) Fact-finding Conference. If the complaint is not dismissed by the Administrative Agent, it will then notify the licensee and the owner of the devices on the premises, as listed on the license application, that a complaint has been filed and will set a date for a fact-finding conference on the matter. Extensions will be granted and necessary investigations will be conducted at the discretion of the Administrative Agent and it may request the assistance of the law enforcement agency to assist in the investigation. For the purpose of conducting the investigation, the Administrative Agent and any assisting law enforcement agency officer shall have access to the entertainment device arcade and the records of the licensee during all times that the entertainment devices are available for play.
(g) Resolution of Complaint. At the time of the fact-finding conference, the complainant, the licensee, and the owner of the devices will meet and attempt to amicably resolve the situation. If the complainant, licensee, and the owner can reach an amicable solution, the Administrative Agent shall issue a written notice directing the licensee to comply with the agreed resolution of the complaint.
(h) Referral to the Commission. After a fact-finding conference, if the parties cannot agree upon an amicable solution to the problem, the Administrative Agent shall transmit the complaint, together with its recommendation thereon, to the Entertainment Device Arcade License Review Commission. The Administrative Agent recommendation may be for dismissal of the complaint, suspension of the license and assessment penalty fees, and/or revocation of the license.
(i) Hearing. The Commission may accept, reject, or modify the recommendation of the Administrative Agent. The complainant, the licensee and the owner of the devices, as listed on the license application, shall be notified in advance by certified mail of the day on which the Commission is to consider the complaint; and they may, if they so choose, be present during consideration of the complaint. Consideration of the complaint before the Commission shall be a public hearing which shall be held within 30 days after said notice is given. The licensee shall have the right to be represented by counsel, and have the right to examine and cross-examine witnesses. The Commission shall enter its decision the day of hearing. In the event of a decision and ruling adverse to the licensee, the licensee shall have the right to appeal such decision and ruling to a court of competent jurisdiction under authority of and pursuant to the provisions of Chapter 2506 of the Ohio Revised Code.
(j) Other Enforcement Actions. The complaint process set forth in this section is separate and distinct from any law enforcement action taken to enforce the laws of the State of Ohio or the Codified Ordinances of the Village of Boston Heights and this Chapter, and is not a condition precedent or otherwise an impediment to enforcement of said laws by criminal prosecution. (Ord. 23-2011. Passed 10-12-11.)