(a) Grounds. A license issued under this ordinance shall be suspended or revoked upon recommendation of the Community Development Administrator to Council and upon a finding of the occurrence of one of the following: (1) a false statement as to a material matter made in an application for license or in a hearing concerning this license; (2) a conviction of a licensee for a gambling or "theft" offense as defined in Ohio R.C. 2913.01(k); and (3) two convictions within twelve (12) consecutive months for a violation of any provision of this ordinance.
(b) Revocation or Suspension of License. A license may be suspended or revoked at any time upon recommendation by the Community Development Administrator and approval by Council on satisfactory proof that a violation of the laws of the State of Ohio, the Codified Ordinances or this ordinance occurred at an arcade. In addition to a license suspension, the City may assess against the licensee a civil penalty fee in an amount not less than five hundred dollars ($500.00), nor more than one thousand dollars ($1,000.00), for a violation of this ordinance. Each day a violation exists shall constitute a separate offense for purpose of assessing a civil penalty fee. Suspensions, revocations and assessments of civil penalty fees by the Council are in addition to and separate from any criminal liability and does not preclude criminal prosecution for a violation of this ordinance or state or federal law. Civil penalty fees shall be deposited in the General Fund.
(c) Complaints; Regular Inspection.
(1) A resident or employee of the City may submit a written complaint to the Community Development Administrator concerning an entertainment device arcade located within the City. The complaint shall include the name, address and phone number of the complainant, the address of the arcade, the device number, if applicable, and the specific reasons for the complaint.
(2) The Community Development Administrator shall regularly inspect the entertainment devices and the licensee's records and shall issue a notice of complaint alleging a violation against an entertainment device arcade to the licensee for failing to maintain the records required by 745.09 (f), (g)(h)(i) and (j).
(d) Interview of Complainant. The Community Development Administrator or designee shall interview the complainant inquiring about the specific reasons for the complaint. The Community Development Administrator may dismiss the complaint if he or she determines that:
(1) The specific reasons listed in the complaint are not proper grounds for suspension or revocation of the license; or
(2) There is not substantial credible evidence to support the complaint.
(e) No Appeal from Dismissal of Complaint. No appeal shall lie from the decision of the Community Development Administrator to dismiss a complaint.
(f) Hearing.
(1) If the Community Development Administrator finds that there are grounds for the complaint, the Clerk of the Council shall notify the licensee that a complaint has been filed, the evidence that supports the complaint and include a copy of the complaint with the written notice. A date shall be scheduled for a hearing on the complaint. Extensions may be granted. An investigation may be conducted at the request of the Community Development Administrator. The Council or Community Development Administrator may request the Chardon Police Department to assist in the investigation. The Community Development Administrator and Police Department 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. The complainant and licensee shall be given at least 15 days written notice by personal delivery or certified mail, return receipt requested, of the intent to suspend or revoke the license. The notice shall set forth the date, time and place of the hearing and the specific reasons for seeking a suspension or revocation of the license.
(2) Council shall hold a public hearing to consider the complaint. The licensee shall have the right to be represented by counsel to present testimony and other relevant evidence, and to orally examine or cross-examine any person who testifies. The Council shall decide the matter after all evidence is presented at the hearing. The Council may recommend dismissal of the complaint, suspension of the license and assessment of a penalty, or revocation of the license. In the event of a decision by a majority of the elected members of Council 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 Chapter 2506 of the Ohio Revised Code.
(g) Other Enforcement Actions. The complaint process set forth in this section is a civil action. A law enforcement agency may enforce the criminal laws of the State of Ohio or the City of Chardon Codified Ordinances in a separate criminal prosecution.
(Ord. 2930. Passed 6-9-16; Ord. 3040. Passed 12-13-18.)