709.05 SEVERABILITY.

   (a)     If any provision of this chapter or the application thereof to any person or circumstance is held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and neither the remainder of this chapter nor the application of such provision to other persons or circumstances shall be affected thereby.

   (b)    Any ordinance or Section thereof inconsistent herewith is hereby repealed.

(Ord. 2003-22. Passed 3-24-03.)

709.06 APPLICABILITY.

   (a)   The provisions of this chapter shall not apply to any amusement devices possessed and maintained in residences and used exclusively without charge by residents thereof and their invited guests.

   (b)   The provisions of this chapter shall not apply to any business or premises which are used solely for sale or lease of amusement devices and similar apparatus.

(Ord. 2003-22. Passed 3-24-03.)

709.07 APPLICATION FOR LICENSE.

   Application for a license for a mechanical or electrically operated amusement game or device shall be made to the Director of Public Safety on forms provided by him and shall set forth the name, residents and business addresses of the exhibitor of the device and the place where the device is to be exhibited and the identity of the person having title to said device.

(Ord. 2003-22. Passed 3-24-03.)

709.08 ISSUANCE OF LICENSE; FEE.

   The Director of Public Safety upon the payment of a fee in the amount of seventy-five dollars ($75.00) for each such amusement device, issue to the applicant a license for such number of devices as have been requested and approved. The license(s) shall be displayed at all times in a prominent place on the licensed premises. All licenses shall be issued for a period not to exceed one year and shall expire on March 31 of each year. No person shall exhibit a greater number of devices than are authorized by the license(s) issued for such premises. No license(s) may be transferred from one location to another, nor from one amusement device to another.

(Ord. 2003-22. Passed 3-24-03.)

709.09 ISSUANCE OF REGISTRATION; FEE.

   (a)    Arcade Amusement Centers. The fee for an arcade amusement center shall be two hundred dollars ($200.00) per year.

   (b)    Accessory Amusement Areas. The fee for an accessory amusement area registration shall be one hundred dollars ($100.00) per year.

   (c)   The registration shall be displayed at all times in a prominent place on the registered premises. All registration shall be issued for a period not to exceed one year and shall expire on March 31 of each year. No person shall exhibit a greater number of devices than are authorized by the registration issued for such premises. No registration may be transferred from one location to another.
(Ord. 2003-22. Passed 3-24-03.)

709.10 REGISTRATION AND LICENSING AUTHORITY ESTABLISHED.

   Authority is hereby established and vested in the Building Commissioner or his designee to consider applications for licenses and registrations under this chapter, conduct investigations thereon, issue or deny issuance of such licenses based upon the criteria set forth in this chapter.

(Ord. 2003-22. Passed 3-24-03.)

709.11 EXPIRATION, SUSPENSION OR REVOCATION.

   (a)    Expiration. Any accessory amusement area registration license or arcade amusement center issued under this chapter shall expire upon transfer or sale of a majority interest in the business, or the discontinuation of the business for a continuous period of thirty days.

   Any amusement device registration license issued under this chapter shall expire upon transfer or sale of such amusement device.

   (b)    Suspension and Revocation. All licenses issued under this chapter shall be suspended or revoked by the Board upon its finding of the occurrence of any of the following events:

      (1)   A false statement by any registrant as to a material matter made in an application for a registration license or in a hearing concerning the license.

      (2)   Conviction of any registration license felony or of any misdemeanor involving beverages, violence, gambling activities, controlled substances, alcoholic beverages, minors or any crime involving moral turpitude.

      (3)   Conviction twice within a one year period of any registration license or operator for a violation of this chapter.

   (c)   Hearing. The suspension or revocation of any registration license under this chapter shall not be made without a hearing. The registrant 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 registrant 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. 2003-22. Passed 3-24-03.)