(a) General requirements. All applications for licenses under this chapter shall be in writing on a form approved by and filed with the city’s Board of Zoning Appeals. The application shall be signed by the owner or owners and shall contain information required by this section supplied in detail as to each such person, including general and limited partners, or partnerships, shareholders of corporations and principals of any other type of business entity. In the event that no person owns 10% or more of the business, such application shall be signed by an authorized representative. All applications shall contain a statement that the information contained therein is complete, accurate and truthful to the best knowledge of all applicants. Every owner and interest holder of the business, as a condition precedent, shall be required to consent to a confidential criminal background investigation, including fingerprint identification by the city’s Police Department and said persons shall pay for the costs associated with obtaining said fingerprints.
(b) Contents of applications. The application shall contain the following information as to all owners:
(1) True name and all names previously used of each owner;
(2) Date(s) of birth of each owner;
(3) Date of incorporation of legal entity;
(4) Current address(es) of owners/business and addresses within past five years;
(5) Employment history, past five years;
(6) A statement as to whether or not the owner(s) have been convicted of any crime other than traffic offenses and, if so, the date and place of conviction, nature of the offense and penalty imposed;
(7) A statement as to whether or not the owner has ever conducted an internet café and, if so, when, where and for how long;
(8) A description of the nature and operation of the main type of business activity to be conducted upon the premises;
(9) Address and telephone number for the premises;
(10) The name under which the business and premises will operate;
(11) A statement as to whether or not the owner will directly operate the sweepstakes terminal café, or whether or not an operator who is not an owner will operate it, and if the latter, the application shall contain information required by this section supplied in detail as to each such operator;
(12) A statement and 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 and that the entries are drawn from a pre-created finite static pool of entries with assigned values. 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;
(13) A floor plan of the premises and the immediate vicinity drawn to scale, showing the square footage and placement of the computerized sweepstakes devices, exits, windows, storage spaces, bicycle storage racks and off-street parking;
(14) The name, address and telephone number of the agent of the business upon whom service of process can effectively and validly be made;
(15) The number, type, name, model and manufacturer’s serial number of each computerized sweepstakes device requested to be licensed;
(16) The name and address of the owner, distributor and manufacturer of each computerized sweepstakes device requested to be licensed;
(17) Specification of terms of agreement governing the acquisition and installation of each computerized sweepstakes device requested to be licensed;
(18) A description as to the nature and type of property or services which will be sold or supplied upon the premises;
(19) A copy of the title or lease to the premises;
(20) A copy of the originating organization document (e.g., articles of incorporation (corporations), operating agreement (limited liability companies), or partnership agreement (partnerships));
(21) Specification of days of the week and hours of the day during which the licensed activity will operate;
(22) Any other information the city may deem reasonably necessary for the full interest of the public in the application;
(23) A copy of employer identification number, business registration form and other evidence that the owner is in full compliance with applicable tax regulations; and
(24) Copies of any other applicable licenses for operations at the premises.
(c) Reports from city officials. Upon receipt of a license application hereunder, the city shall request the following reports which shall be submitted to the city’s Board of Zoning Appeals (BZA) within 30 days of the date of the application filing:
(1) A written report from the Fire Chief shall be submitted to the BZA as to whether the premises and computerized sweepstakes devices thereon will create a fire hazard;
(2) A written report from the Police Chief shall be submitted to the BZA specifying, with regard to all owners and operators, any convictions for any felony or for any misdemeanor involving the operation of an amusement device business or involving physical violence, gambling activity, controlled substances, alcoholic beverages, minors or any crime involving moral turpitude; and
(3) A written report from the Building Inspector shall be submitted to the BZA as to whether all building and zoning laws have been satisfied.
(d) Determination process.
(1) Council approval. All applications for licenses under this chapter shall be submitted to the city’s Board of Zoning Appeals who shall hold a hearing and submit a written recommendation to the City Council. Licenses are valid only upon approval by City Council.
(2) Appeal of denial. In the event the City Council denies issuance of the license, the applicant shall be notified of such denial and the specific reasons therefor in writing. Such notice shall be given by certified mail or hand-delivered to the applicant at the address specified in the application. The applicant shall have ten days after receipt of such notice within which to appeal such denial and request to be heard before Council, by filing a written notice of appeal with the Clerk of Council. Thereupon, the applicant shall have not less than ten days notice of the date and place of the hearing. The appeal shall be heard by the City Council which shall have the power after such hearing to confirm the denial or grant the requested license or grant a conditional or provisional one based on additional information. In rendering its decision, the Council may, for good cause shown, modify or waive any of the provisions of this chapter in the interest of justice.
(3) Appeal to court. The decision of the Council may, within 30 days thereof, be appealed to a court of competent jurisdiction under Ohio R.C. Chapter 2506.
(e) License renewal.
(1) Each computerized sweepstakes devise and internet café license must be renewed annually. At the time of renewal, a statement shall be filed with the Board of Zoning Appeal that the information listed on the original application for the license is still complete, accurate and truthful to the best knowledge of all applicants, or a statement shall be filed with the Board of Zoning Appeals listing each and every item of information which has changed since the original application.
(2) The Board of Zoning Appeals may determine to accept such statement and issue the license requested, or may determine to enforce the procedure required for an original license.
(f) Minimum licensing requirements. No license shall be issued (or renewed) for any business or premises:
(1) Where any of the owners or the operators has been convicted within the last five years of any felony or of any misdemeanor involving: the operation of a sweepstakes terminal café business, physical violence, gambling activities, controlled substances, alcoholic beverages, minors or any crime involving moral turpitude;
(2) Where the premises do not specifically designate at least 30 gross square feet of floor area for each computerized sweepstakes device to be located upon the premises, excluding areas used for other principal uses;
(3) Where the premises do not provide a minimum of one and one-half parking spaces for every two computerized sweepstakes devices plus one space per employee based on the largest number of employees, plus one parking space per 100 square feet of additional area of the premises;
(4) Where the premises are located within 500 feet of any school, playground or other internet café;
(5) Where it is determined that the premises or operation thereof would be in violation of any provision of the Building Code, the Zoning Code or the Fire Code of the city or any other pertinent provisions of local, state or federal law;
(6) Where the applicant made a false statement as to a material matter upon the application or in a hearing concerning the license;
(7) Where the application failed to provide all of the required information; or
(8) Where there is a failure to comply with all terms and conditions under this chapter as well as all other applicable ordinances.
(Ord. 28-11, passed 4-19-2011)