(a) Supervision of Entertainment Devices. Any entertainment device arcade shall have an adult who is twenty-one (21) years of age or over on the premises and supervising at all times the entertainment devices during all hours of operation.
(b) Square Footage. The interior of the entertainment device arcade shall provide a minimum area of fifty (50) square feet per entertainment device in each room in which entertainment devices are located.
(c) No Alcoholic Beverages. No operator shall permit the sale, possession or consumption of alcoholic beverages on the premises of an entertainment device arcade.
(d) Public Peace. No operator shall fail to maintain order and quiet on the premises so as not to violate the public peace.
(e) No Minors. No persons under the age of eighteen (18) years shall be permitted on the premises of any entertainment device arcade.
(f) Photo Identification. The operator shall require a photo identification of every person to whom anything of value is given in connection with the entertainment device arcade and, if the dollar value of the thing given to a person is Six Hundred Dollars ($600.00) or more, the operator shall make and maintain a copy of the person's photo identification and shall record the person's name and home address and a description of the thing given, a stated dollar value of the thing given, the date and time of the giving and, if an entertainment device is involved in the circumstances of the giving, the serial number or other identifying description of the device. By the second Tuesday of each month, the operator shall cause to be delivered to the Building Department a copy of the record of things given to persons together with the above-required information given during the preceding month. If the records pertaining to photo identification contain Social Security numbers or driver's license numbers, the operator and the Building Department shall not disclose those numbers to anyone except as required by the laws of the State of Ohio and the United States government.
(g) Posting. The operator shall post in a conspicuous place on the premises in the room where the entertainment devices are located in no less than twenty point type:
(1) Each separate prize that may be given and each separate dollar amount that might be given.
(2) The odds as stated in the filing with the Building Department, as required under Section 761.03 (b).
(3) A complete statement of the rules and conditions pertaining to the giving of any prizes or anything of value to any person, whether or not the determination of the giving of the thing of value or the delivery of the thing of value occurs totally within the confines of the premises or requires some event, occurrence or happening at another location.
(4) On each machine, a sticker, if issued at the direction of and by the Building Department, indicating that it has been registered by the operator with the Building Department and bearing a unique identification number for that machine.
(h) Records. The operator shall keep a complete set of all records of the operations at the premises at all times, including all federal, state and local tax records, all records of payments and receipts, all records of expenses and revenues of the operation, all banking records, all contracts, leases and agreements affecting the premises, equipment and operation, all personnel records and all other records pertaining to the business, which shall be available for inspection and copying by any entity provided a right of entry under Section 761.03(f). Records more than ten (10) years old are exempt from this requirement.
(i) Correct Information. No applicant shall make a false or incorrect statement in an application for an entertainment device arcade license, and no operator shall fail to update the information supplied to the Building Department to reflect existing operations as required in Section 761.03(c).
(j) Reporting of Internet Time. Any entertainment device arcade that engages in the sale of internet time or computer usage time in exchange for anything of value shall provide to the Building Department, no later than the second Tuesday of each month, a report detailing the daily amount of time sold in the preceding calendar month.
(k) Premises Condition. In addition to any other condition or regulation contained in Chapter 1389 of the Codified Ordinances of the City of Eastlake, the entertainment device arcades shall not:
(1) Obstruct the view of the premises by way of tinting to windows.
(2) Allow blinking, flashing or strobing signage or lighting not otherwise reviewed and approved by the Building Department.
(3) Permit persons to loiter near or within the premises.
(l) Strict Liability for Violations. It is the intent of this Chapter that operators are strictly liable for any violations of this Chapter.
(m) Indemnification. Whoever owns, manages or operates an entertainment device or entertainment device arcade under this Chapter agrees to indemnify and hold harmless the city of Eastlake and its agents and representatives for any loss, damage or injury suffered by the operating of said device or arcade. The owner, manager or operator understands that other agencies, including the state of Ohio, may take criminal or civil enforcement action for such device or arcade regardless of licensing issued by the city of Eastlake.
(Ord. 2017-034. Passed 4-25-17.)