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(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.)
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