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(a) All Licenses. All licenses issued under this chapter shall have the following characteristics:
(1) Each such license shall be an annual license which covers a period from May 1 through April 30 of the following year unless earlier suspended or revoked.
(2) Each such license shall vest a personal privilege but not any property rights in the licensee.
(3) Each such license shall be required to be displayed permanently in a conspicuous place upon the premises for which it is issued.
(4) Each such license shall be issued in the name of the applicant.
(5) Each such license shall be neither assignable nor transferable, either as to person or location.
(6) Each such license, if lost, destroyed or mutilated, upon application within thirty days thereof, may be replaced by a replacement license issued by the Building Inspector bearing the word "Replacement" across its face and bearing the same license number as the license which it replaces.
(b) Amusement Device Licenses. All amusement device licenses issued under this chapter shall have the following characteristics:
(1) Each such license shall be issued for an individual amusement device only.
(2) Each such license shall specify the name and address of each licensee, and the manufacturer, model number and serial number of the amusement device for which it was issued.
(3) Each such license, if changed, mutilated, erased or in any manner defaced, shall be void, and any amusement device which the same shall purport to license shall be deemed an unlicensed amusement device.
(c) Accessory Amusement Area and Arcade Amusement Center Licenses. All amusement device business licenses issued under this chapter shall have the following characteristics:
(1) Each such license shall be issued only for an individual business at an individual premises.
(2) Each such license shall specify the name and address of each licensee, and the manufacturer, model number and serial number of each amusement device located upon the premises for which it was issued.
(Ord. 88-84. Passed 3-7-88.)
(a) Applications for Licenses. All applications for licenses under this chapter shall be in writing on a form approved by and filed with the Building Inspector. 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 of partnerships, shareholders of corporations and principals of any other type of business entity. In the event that no person owns twenty-five percent or more of the amusement device business, such application shall be signed by an authorized representative of the amusement device business. All applications shall contain a statement that the information contained therein is complete, accurate and truthful to the best knowledge of all applicants.
(b) Contents of Applications. The application shall specify whether it is for an accessory amusement area license (and accompanying amusement device licenses) or for an arcade amusement center license (and accompanying amusement device licenses) and shall contain the following information as to all owners:
(1) True name and all names used in the past five years;
(2) Date of birth;
(3) Permanent home address and all home addresses used in the past five years;
(4) Business and home telephone numbers;
(5) Employment history for the past five years;
(6) A statement as to whether or not the owner has been convicted of any crime other than traffic offenses and, if so, the date and place of conviction, the nature of the offense and the penalty imposed;
(7) A statement as to whether or not the owner has ever conducted an amusement device business 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) A description of the nature and operation of any business to be conducted in conjunction with the amusement device business, and the anticipated percentage of gross revenue to be derived from each respective business;
(10) The address and telephone number of the premises and of the business, if different from that of the premises;
(11) The name under which the business and premises will be operated;
(12) A statement as to whether or not the owner will directly operate the amusement device business, 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;
(13) A floor plan of the premises and the immediate vicinity drawn to scale, showing the square footage and placement of amusement devices, exits, windows, storage spaces, bicycle storage racks and off-street parking;
(14) A map showing all schools, playgrounds, parks or other arcade amusement centers within a radius of 1,000 feet of the premises and all churches within a radius of 500 feet of the premises;
(15) The name, address and telephone number of the agent of the business upon whom service of process can effectively and validly be made;
(16) The number, type, name, model and manufacturer's serial number of each amusement device requested to be licensed;
(17) The name and address of the owner, distributor and manufacturer of each amusement device requested to be licensed;
(18) Specification of terms of agreement governing the acquisition and installation of each amusement device requested to be licensed;
(19) A description as to the nature and type of property or services which will be sold or supplied upon the premises;
(20) A copy of the title or lease to the premises;
(21) A copy of the Articles of Incorporation, if the owner is a corporation;
(22) Specification of the days of the week and the hours of the day during which the licensed activity will be conducted; and
(23) Any other information which the Inspector may deem reasonably necessary for the full interest of the public in the application.
(c) Reports of City Officials. Upon receipt of an application for a license under this chapter, the Building Inspector shall determine whether all building and zoning laws have been satisfied and shall request the following reports, which shall be rendered to him within thirty days of the date of filing of the application:
(1) A written report from the Fire Chief as to whether the premises and amusement devices thereon will create a fire hazard; and
(2) A written report from the Police Chief 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.
(d) Determination Process.
(1) Building Inspector. All applications for licenses under this chapter shall be considered by the Building Inspector, who shall, within ten days after receiving the written reports, either issue such licenses or deny issuance of such licenses.
(2) Appeal to Board. In the event of the denial of issuance of such a license, the applicant shall be notified of such denial and the specific reasons therefor in writing. Such notice shall be mailed or 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, by filing a written notice of appeal with the Mayor. 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 Board of Zoning Appeals, which Board shall have the power after such hearing to confirm the denial, order the license to be issued, or, at its discretion, to issue a conditional or probationary license. In rendering its decision, the Board 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 Board may, within thirty days thereof, be appealed to a court of competent jurisdiction under Ohio R.C. Chapter 2506.
(e) License Renewal. Each amusement device license and amusement device business license must be renewed annually. At the time of renewal, a statement shall be filed with the Building Inspector 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 Building Inspector listing each and every item of information which has changed since the original application. Such statement shall be signed by the same persons who signed the original application. The Building Inspector may determine to accept such statement and issue the license requested, or he may determine to enforce the procedure required for an original license.
(Ord. 88-84. Passed 3-7-88.)
No arcade amusement center license shall be issued or be renewed for any business or premises:
(a) Where any one or more of the owners or the operator has been convicted within the last five years of any felony or of any misdemeanor involving the operation of an amusement device business, or involving physical violence, gambling activities, controlled substances, alcoholic beverages, minors or any crime involving moral turpitude;
(b) Where the premises do not specifically designate at least 100 gross square feet of floor area for each amusement device to be located upon the premises, excluding areas used for other principal uses;
(c) Where the premises do not provide at least one off-street parking place for each five amusement devices;
(d) Where the premises do not provide bicycle storage racks to house at least one bicycle for each two amusement devices to be located upon the premises, which racks shall not interfere with the safe and expeditious movement of pedestrian traffic;
(e) Where the premises are located within 1,000 feet of any school, playground, park or other arcade amusement center or within 500 feet of any church, measured by the shortest legal walking distance between the main entrance of the premises and the main entrance of the other facility;
(f) 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;
(g) Where the applicant made a false statement as to a material matter upon the application or in a hearing concerning the license;
(h) Where the application failed to provide all of the required information; or
(i) Where not all terms and conditions under this chapter and all other applicable ordinances and statutes are complied with.
(Ord. 88-84. Passed 3-7-88.)
(a) Arcade Amusement Centers. In addition to any other condition or regulation contained in this chapter or in State statutes, the following conditions and regulations shall be applicable to and shall govern and control all licensees of arcade amusement centers:
(1) Each such licensee shall at all times open each and every portion of the premises for inspection by the Police Division and other City departments for the purposes of enforcing any provisions of this chapter.
(2) Each such licensee shall have present on the premises at all times when the premises are open to the public at least one adult operator who has not been convicted of any felony or of any misdemeanor involving the operation of an amusement device business or involving physical violence, gambling activities, controlled substances, alcoholic beverages, minors or any crime involving moral turpitude.
(3) No such licensee shall open the premises for business except between the following hours (local time) on the following days:
A. Sunday through Thursday, 9:00 a.m. to 10:00 p.m.; and
B. Friday and Saturday, 9:00 a.m. to 11:00 p.m.
(4) No such licensee shall allow living quarters to exist with direct entry to the premises.
(5) No such licensee shall operate the amusement device business other than on street level or on a level within three feet thereof.
(6) No such licensee shall allow any person, other than an owner or operator over the age of eighteen years, who shall be readily identifiable, to be in control of the premises, nor allow such operator to be regularly situated in a place upon the premises other than a place from which he has an unobstructed view of the entire portion of the premises devoted to the operation of amusement devices.
(7) No such licensee shall permit any person under the age of fifteen years upon the premises, unless accompanied by a parent, legal guardian or adult member of the immediate family of such person, or as part of a supervised field trip.
(8) No such licensee shall permit any person under the age of eighteen years upon the premises if either parent or legal guardian of such person notifies the licensee of his objection to such minor's presence upon the premises. Such notification shall be in writing, accompanied by a recent photograph of such minor, and be delivered to the licensee or operator in person or by registered U.S. mail.
(9) No person under the age of eighteen years shall be permitted in an arcade amusement center before 4:00 p.m. on a school day and/or when school is in session.
(b) Accessory Amusement Areas and Arcade Amusement Centers. All amusement devices upon the premises of accessory amusement areas and arcade amusement centers shall be located thereon in conformity with the floor plan filed with the application for the license and in such a manner:
(1) So as not to impair ingress or egress to the premises;
(2) So as not to interfere with free and unfettered passage through the premises;
(3) So that at least 100 gross square feet of floor area is specifically designated for each amusement device, excluding areas used for other principal uses;
(4) So that there shall be a minimum unobstructed area of five feet on either side of each amusement device where persons may use, watch or wait to use such amusement device;
(5) So as to permit a clear and complete view of the interior of the premises immediately upon entry; and
(6) So that the back of any amusement device is not exposed to a window.
(Ord. 88-84. Passed 3-7-88.)
No licensee of an accessory amusement area or an arcade amusement center, by himself, directly or indirectly, or by any servant, agent or employee, shall permit or fail to take active steps to eliminate the activities specified in this section from occurring upon the premises. All such licensees shall have a duty to diligently pursue enforcement of this section. The actions of the operator and the failure to take action by the operator shall be imputed to the licensees. No such licensee shall:
(a) Permit any indecent, immoral or profane language, or indecent, immoral or disorderly conduct, upon the premises;
(b) Permit the premises to become a gathering place for disorderly persons of any type;
(c) Permit gambling in any form or the possession or use of gambling paraphernalia upon the premises;
(d) Permit the offering of any prize, award, merchandise, gift or anything of value to any person in connection with the use of any amusement device, whether the prize, award, merchandise, gift or thing of value is in or out of the device;
(e) Permit intoxication or the possession or use of alcoholic beverages upon the premises;
(f) Permit the possession or use of any unlawful drug, narcotic or controlled substance;
(g) Permit the public streets, sidewalks, alleys or walkways in the immediate vicinity of any entrance or exit to the premises to become littered;
(h) Permit the premises or the activity conducted thereon to become a public nuisance to the surrounding environs;
(i) Permit the walkways to become obstructed in any manner so that pedestrian traffic is hindered;
(j) Permit any amusement device thereon to be operated at any time the premises is not open for business, or permit the entrance to be locked at any time that the premises are open for business;
(k) Permit the premises to become overcrowded so as to constitute a hazard to the health or safety of persons therein or to be in violation of any of the City's fire, health or sanitation codes;
(l) Permit any amusement device to be offered to the public for operation unless fully operable and in safe operation condition;
(m) Permit the premises to be open for business without displaying the licenses therefor in a conspicuous place thereon;
(n) Permit the operation of any unlicensed amusement device upon the premises;
(o) Permit any person under the age of fifteen years to use an amusement device upon the premises unless accompanied by a parent, legal guardian or adult member of the immediate family of such person; or
(p) Permit any violation of any ordinance of the City or statute of the State to take place upon the premises.
(Ord. 88-84. Passed 3-7-88.)
(a) Expiration. Any accessory amusement area license or arcade amusement center license issued under this chapter shall expire upon the 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 license issued under this chapter shall expire upon the 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 of Zoning Appeals upon its finding of the occurrence of any of the following events:
(1) A false statement by any licensee as to a material matter made in an application for a license or in a hearing concerning the license;
(2) Conviction of any licensee of any felony or of any misdemeanor involving physical violence, gambling activities, controlled substances, alcoholic beverages, minors or any crime involving moral turpitude;
(3) Conviction twice within a one-year period of any licensee or operator for a violation of this chapter.
(c) Hearing. The suspension or revocation of any license under this chapter shall not be made without a hearing. The licensee 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 licensee 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. 88-84. Passed 3-7-88.)
(a) Amusement Devices. The fee for each amusement device license shall be fifty dollars ($50.00) for the first machine and twenty-five dollars ($25.00) for each additional machine per year or any portion thereof.
(b) Accessory Amusement Areas. The fee for an accessory amusement area license shall be one hundred fifty dollars ($150.00) per year, provided, however, that if such license is issued between November 1 and April 30, the license fee shall be seventy-five dollars ($75.00).
(c) Arcade Amusement Centers. The fee for an arcade amusement center license shall be three hundred dollars ($300.00) per year, provided, however, that if such license is issued between November 1 and April 30, the license fee shall be one hundred fifty dollars ($150.00).
(d) Temporary Licenses. The fee for a conditional license or probationary license for an amusement device business shall be one-half of the regular license fee.
(e) Replacement License. The fee for a replacement license shall be fifteen dollars ($15.00).
(f) Filed With Application. License fees under this chapter shall be filed with the application for license.
(g) Return of Fee. In the event an application is denied under this chapter, one-half of the license fee therefor shall be returned to the applicant. In the event any license is suspended or revoked under this chapter, no portion of the license fee shall be returned to the owner.
(Ord. 88-84. Passed 3-7-88; Ord. 90-299. Passed 12-3-90.)
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