(a) Application for License. A license application shall be submitted with the application for a zoning certificate on a form provided by and filed with the Safety Director and signed by the owner(s). An application shall be acknowledged before a notary public that the information contained therein is complete, accurate and truthful.
(b) Contents of Applications. The application shall contain:
(1) Such information requested on the application form which the Safety Director deems reasonably necessary for the interest of the public in the application.
(2) Supporting documentation from a certified Independent Regulatory Compliance Test Laboratory that the software performs in similar fashion as other permitted sweepstakes commercially offered to the public, that the entries are drawn from a pre-created finite static pool of entries with assigned values and the device does not include nor is the outcome determined by a random number generator or compensating algorithm. To be certified, the Independent Regulatory Compliance Testing Laboratory must be authorized to test regulated gaming equipment by at least one state government gaming regulatory agency.
(c) Safety Director Review. A license application shall be reviewed by the Safety Director within ten days of approval of the zoning certificate and either approved or denied.
(d) Appeal. If a license application is denied, the applicant shall be notified in writing with the specific reasons for denial stated therein, and mailed by certified U.S. mail, return receipt requested, or delivered to the applicant at the address in the application. The applicant may appeal the denial within ten days by filing a written notice of appeal with the Clerk of the Council, who shall set a date and time for a hearing upon the appeal. Notice of hearing shall be sent to the applicant not less than ten (10) days prior to the date of hearing, by certified U.S. mail, return receipt requested. Council shall have the authority after the hearing to confirm the denial, order the license to be issued or, at its discretion, issue a conditional or probationary license.
(e) Appeal to Court. The decision of the Council may, within thirty days thereof, be appealed to a court of competent jurisdiction under O.R.C. Chapter 2506.
(f) License Renewal. A statement acknowledged before a notary public shall be filed with the annual license renewal that the information listed on the original application for the license is complete, accurate and truthful to the best knowledge of the owner(s) and include any changes to the original application or the last annual renewal. The Safety Director may renew the license or require a new application for a license.
(Ord. 2651. Passed 4-14-11.)