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Elyria Overview
Elyria, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY UNIT
CHARTER OF THE CITY OF ELYRIA, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
CHAPTER 703 Alarm Systems
CHAPTER 704 Amusement Devices
CHAPTER 705 Billposters and Distributors
CHAPTER 709 Boxing and Wrestling
CHAPTER 711 Cable Service and Competitive Video Service
CHAPTER 713 Circuses and Carnivals
CHAPTER 715 Sweepstakes Terminal Café
CHAPTER 717 Dances
CHAPTER 721 Distress Merchandise Sales
CHAPTER 725 Fair Housing Practices
CHAPTER 729 Juke Boxes
CHAPTER 733 Junk Yards
CHAPTER 734 Medical Marijuana Entities
CHAPTER 735 Massage Parlor Establishments
CHAPTER 736 Motor Vehicle Salvage Dealers
CHAPTER 737 Peddlers, Canvassers and Solicitors
CHAPTER 741 Railroads
CHAPTER 745 Rummage Sales
CHAPTER 746 Sexually Oriented Businesses; Licensing and Operation
CHAPTER 747 Tattoo or Body Piercing Establishments
CHAPTER 749 Taxicabs
CHAPTER 750 Taxicabs
CHAPTER 753 Temporary Stores
CHAPTER 757 Weapons Sales
CHAPTER 761 Weights and Measures
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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704.12 PROHIBITED CONDUCT AND CONDITIONS IN ACCESSORY AMUSEMENT AREAS AND ARCADE AMUSEMENT CENTERS.
   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.)
704.13 LICENSE EXPIRATION, SUSPENSION OR REVOCATION.
   (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.)
704.14 LICENSE FEES.
   (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.)
704.15 AMUSEMENT DEVICES PERMIT REQUIRED FOR CERTAIN LIQUOR ESTABLISHMENTS.
   (a)   Businesses and/or premises licensed by the State Department of Liquor Control for on-premises consumption of alcoholic beverages, wherein the annual gross revenues generated from the operation of amusement devices is no greater than twenty-five percent of the annual gross revenue for such business or premises, shall be required to obtain a permit for each coin-operated machine operated on the premises.
   (b)   Applications for such permits shall be made to the Building Inspector and shall be on forms prescribed and furnished by the City. Such applications shall include the name and address of the applicant, the place where such amusement device is to be installed, displayed, operated or maintained, the nature of the business conducted at that place, the total number of such amusement devices to be displayed, installed, operated or maintained, the description of each, including the serial numbers of each such device, and such other and further information as may be required by the City.
   (c)   Each applicant shall be charged with the duty of reporting any newly installed amusement device or any substitutions made during the permit period.
   (d)   The permit provided for in this section shall cover the period from May 1 through April 30 of the following year, unless otherwise earlier suspended or revoked.
   (e)   The fee for each amusement device permit provided for in this section shall be twenty-five dollars ($25.00) per year or any portion thereof.
(Ord. 88-84. Passed 3-7-88; Ord. 89-225. Passed 10-2-89; Ord. 90-299. Passed 12-3-90.)
704.16 EQUAL OPPORTUNITY.
   No person shall be denied any license or the right to use a licensed amusement device under this chapter in the City because of race, color, creed, sex, religious beliefs or national origin.
(Ord. 88-84. Passed 3-7-88.)
704.99 PENALTY.
   Whoever violates any of the provisions of this chapter is guilty of a misdemeanor of the third degree for the first offense and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both; for a second or subsequent offense, such person is guilty of a misdemeanor of the second degree and shall be fined not more than seven hundred fifty dollars ($750.00) or imprisoned not more than ninety days, or both. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 88-84. Passed 3-7-88.)